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Voting Guide

Have your say in shaping our future


www.investorvote.com/lsuc
Voting closes at 5:00 p.m. Eastern Daylight Time (EDT) on April 29, 2011

Prononcez-vous sur notre avenir


www.voteendirect.com/lsuc
Le vote se termine à 17 h heure avancée de l’Est (HAE) le 29 avril 2011

Guide électoral
Voting Guide
Table of Contents


Voting Information 3
Candidates from Outside Toronto 7
Candidates from Inside Toronto 61
List of Candidates by Region 115

Guide électoral
Table des matières

Au sujet du vote 5
Candidat(e)s de l’extérieur de Toronto 7
Candidat(e)s de Toronto 61
Liste des candidat(e)s par région 115

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Voting Information www.investorvote.com/lsuc
Conduct of Election
The 2011 Bencher Election will be conducted in accordance with the Law Society Act and By-Law 3 made pursuant to the Law Society
Act. The election will be conducted in both French and English.

The Law Society has hired Computershare, a third party company, to conduct the election.

Voter Anonymity
Computershare will randomly assign a control number, which is a personal voter identification number, to every eligible voter. Only
Computershare knows the numbers assigned to eligible voters.

Eligible Voters
People who, on March 25, 2011, are lawyer licensees whose licences have not been suspended are eligible to vote in the bencher
election.

Candidate Information
The Law Society of Upper Canada has published this Voting Guide to provide voters with information about the candidates running in
the bencher election. The candidates provide their biographies and election statements, which reflect their views only.

The Guide is divided into two sections. The first section contains information about candidates from outside Toronto. The second
section contains information about candidates from inside Toronto.

Regional Election Scheme


Forty benchers will be elected - 20 from inside Toronto and 20 from outside Toronto. Of the 40 benchers, eight will be elected as
regional benchers. The regional bencher is the candidate within each region who receives the most votes from voters in that region.
The business address of the regional bencher must be within that electoral region at the time of the election.

For the purposes of the election, the province is divided into eight electoral regions. The eight electoral regions are as follows:
• City of Toronto Electoral Region
• Northwest Electoral Region (NW) - composed of the territorial districts of Kenora, Rainy River, and Thunder Bay.
• Northeast Electoral Region (NE) - composed of the territorial districts of Algoma, Cochrane, Manitoulin, Nipissing,
Parry Sound, Sudbury, and Timiskaming.
• East Electoral Region (E) - composed of the counties of Frontenac, Hastings, Lanark, Lennox and Addington, Prince Edward
and Renfrew, the united counties of Leeds and Grenville, Prescott and Russell, Stormont, Dundas and Glengarry, and the
Regional Municipality of Ottawa-Carleton.
• Central East Electoral Region (CE) - composed of the District Municipality of Muskoka, the counties of Haliburton,
Northumberland, Peterborough, Simcoe, Victoria, and the regional municipalities of Durham, and York.
• Central West Electoral Region (CW) - composed of the counties of Bruce, Dufferin, Grey, Wellington, and the regional
municipalities of Halton and Peel.
• Central South Electoral Region (CS) - composed of the county of Brant, and the regional municipalities of
Haldimand-Norfolk, Hamilton-Wentworth, Niagara, and Waterloo.
• Southwest Electoral Region (SW) - composed of the counties of Elgin, Essex, Huron, Kent, Lambton, Middlesex,
Oxford, and Perth.

The candidates from each region who receive the most votes from voters in that region will be declared regional benchers. The
remaining 32 benchers will be the 13 candidates from outside Toronto who receive the most votes from all voters and the 19
candidates from inside Toronto who receive the most votes from all voters.

For outside Toronto, the candidate’s region is identified on the ballot by a notation after the candidate’s name. A list of the candidates
from each region is on page 115 of the Voting Guide.

Casting and Counting Votes


Voters can cast 40 votes in total – 20 votes for candidates inside Toronto and 20 votes for candidates outside Toronto. The ballot is
separated into two sections. One section lists candidates from inside Toronto. The other section lists candidates from outside Toronto.
Voters need not cast all 40 votes, but cannot exceed 20 votes in each section. Voting for more than 20 candidates in either section will
invalidate that section of the ballot. Voters may only vote for a candidate once.

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Voting Information www.investorvote.com/lsuc
The email communication from Computershare sent to all eligible voters includes a link to the online internet voting website and a
personalized control number, which is an identification number for each voter. This control number is required to access the online
internet voting system on the voting website. The internet voting system provides voters with the online Voting Guide, ballot and
voting instructions, which will provide detailed information on how to vote online.

Voters who do not have an email address on file with the Law Society will receive a voting package by mail. The paper package will
be mailed on the day the election opens online. The package includes the Voting Guide, the ballot and detailed instructions on how to
vote by mail. Other eligible voters may contact Computershare and request that a package be mailed to them.

Voters can vote on the internet or, if in receipt of a paper package, by mail. A voter who has an e-mail address and requests a paper
package can vote either on the internet or by mail, but may only cast one ballot. If a voter casts more than one ballot, the first ballot
recorded, whether received on the internet or by mail, will be used for the official vote tabulation.

Voting by Internet
To vote by internet, voters must go to the election website through the link provided by Computershare, where they will be prompted
to enter their control number. Once they are logged into the system, the list of candidates will be displayed. Voters select candidates
by clicking the boxes next to the candidates’ names. The system will not permit voters to vote for more than 20 candidates from
outside Toronto or more than 20 candidates from inside Toronto. It is possible to submit a ballot with no candidates selected. Once
voters have finished selecting both the outside and inside Toronto candidates, voters click the “Submit” button. Voters will then be
prompted to review their selections and make any changes they want prior to final submission of their votes.

Internet voting closes at 5:00 p.m. Eastern Daylight Time (EDT) on April 29, 2011.

Voting by Mail
To vote by mail, voters will mark the ballot, which is attached to the voting instruction form, by placing an X in the boxes next to the
names of the candidates of their choice. Voters are to detach the ballot from the form along the perforated line and return the ballot
in the prepaid postage envelope to Computershare. The return envelopes have prepaid postage if mailed in Canada. Voters may also
deliver the ballot to Computershare at 100 University Avenue, 9th Floor, Toronto, Ontario, M5J 2Y1.

Computershare must receive the ballot by 5:00 p.m. EDT on April 29, 2011. Ballots received after 5:00 p.m. EDT on April 29,
2011 will not be counted.

Ballots will NOT be accepted at the Law Society of Upper Canada’s office at Osgoode Hall.

Voting Assistance
If you require assistance with voting or accessing the voting site, call Computershare’s toll-free help line at 1-888-344-2805 within
Canada and the USA. Voters outside Canada and the USA can call 514-982-2391. The help line is available Monday to Friday, from
8:30 a.m. to 8:00 p.m. EDT. It closes at 5:00 p.m. on April 29, 2011.

Voting Deadlines
The deadline for voting is April 29, 2011 at 5:00 p.m. EDT. The internet voting system will shut down at precisely 5:00 p.m. EDT on
April 29, 2011. Computershare must receive paper ballots by 5:00 p.m. EDT on April 29, 2011. Ballots received after 5:00 p.m. EDT
on April 29, 2011 will not be counted.

Announcement of Results
Tabulation of votes will begin after 5:00 p.m. EDT on April 29, 2011. The election results will be announced by press release and on
the Law Society’s website at www.lsuc.on.ca once votes have been tabulated.

Contact Us
For more information, please contact the Law Society at 416-947-3315, 1-800-668-7380 ext. 3315 or by e-mail at
bencherelection@lsuc.on.ca

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Au sujet du vote www.voteendirect.com/lsuc

Déroulement de l’élection
L’élection de 2011 des membres du Conseil se déroule conformément à la Loi sur le Barreau et au Règlement administratif no 3 pris
en application de la Loi sur le Barreau. L’élection est tenue en français et en anglais.

Le Barreau a retenu les services de Computershare, une société indépendante, pour mener l’élection.

Anonymat des électeurs et électrices


Computershare assignera au hasard un numéro de contrôle en guise de numéro d’identification personnelle à chaque électeur ou
électrice admissible. Seul Computershare connaît les numéros assignés aux électeurs et électrices admissibles.

Électeurs et électrices admissibles


Les personnes qui, au 25 mars 2011, sont des avocats et avocates dont le permis n’a pas été suspendu, peuvent voter aux élections des
conseillers et conseillères.

Renseignements sur les candidats et candidates


Un guide électoral, publié et distribué par le Barreau du Haut-Canada, informe les membres sur les candidats et candidates qui se
présentent à l’élection du Conseil. Les biographies et les déclarations électorales ont été rédigées par les personnes concernées et
n’expriment que leur opinion.

Le guide comporte deux sections. La première contient des renseignements sur les candidates et les candidats de l’extérieur de
Toronto. La deuxième contient des renseignements sur les candidates et les candidats de Toronto.

Procédé pour les élections régionales


Quarante conseillers et conseillères seront élus – 20 de Toronto et 20 de l’extérieur de Toronto. Sur les 40, huit seront élus comme
conseillères et conseillers régionaux. Un conseiller régional est le candidat qui a reçu le plus de votes dans sa région. L’adresse
professionnelle des conseillères et conseillers régionaux doit se trouver dans les régions électorales où elles et ils sont élus.

Aux fins de l’élection, la province est divisée en huit régions électorales. Les huit régions électorales sont :
• Toronto
• Région électorale du Nord-Ouest (NO) – formée des districts territoriaux de Kenora, Rainy River et Thunder Bay.
• Région électorale du Nord-Est (NE) – formée des districts territoriaux d’Algoma, Cochrane, Manitoulin, Nipissing, Parry
Sound, Sudbury et Timiskaming.
• Région électorale de l’Est (E) – formée des comtés de Frontenac, Hastings, Lanark, Lennox et Addington, Prince Edward et
Renfrew, les comtés unis de Leeds et Grenville, Prescott-Russell, Stormont, Dundas et Glengarry et la municipalité régionale
d’Ottawa-Carleton.
• Région électorale du Centre-Est (CE) – formée de la municipalité de district de Muskoka, des comtés de Haliburton,
Northumberland, Peterborough, Simcoe, Victoria et des municipalités régionales de Durham et de York.Région électorale du
Centre-Ouest (CO) – formée des comtés de Bruce, Dufferin, Grey, Wellington et des municipalités régionales de Halton et Peel.
• Région électorale du Centre-Sud (CS) – formée du comté de Brant et des municipalités régionales de Haldimand-Norfolk,
Hamilton-Wentworth, Niagara et Waterloo.
• Région électorale du Sud-Ouest (SO) – formée des comtés de Elgin, Essex, Huron, Kent, Lambton, Middlesex, Oxford et Perth.

Dans chaque région, le candidat ou la candidate ayant recueilli le plus grand nombre de voix de l’électorat de sa région sera déclaré
conseiller régional. Les 32 conseillères et conseillers restants – 13 à l’extérieur de Toronto et 19 à Toronto – seront choisis parmi les
candidates et candidats qui auront recueilli le nombre le plus élevé de voix de l’ensemble de la profession.

Pour les candidats et candidates de l’extérieur de Toronto, la région est indiquée sur le bulletin de vote par un code à côté des noms.
La liste des candidats et candidates de chaque région figure sur la page 115 du guide électoral.

Vote et dépouillement du scrutin


Les électeurs et électrices disposent d’un total de 40 voix, soit 20 voix pour les candidates et candidats de Toronto et 20 voix pour
ceux et celles à l’extérieur de Toronto. Le bulletin de vote contient deux sections : la liste des candidats et candidates de Toronto dans
l’une et ceux et celles de l’extérieur de Toronto dans l’autre. Il n’est pas obligatoire de voter pour 40 candidats et candidates, mais on
ne peut en aucun cas voter pour plus de 20 membres par section : cela annulerait les voix exprimées pour cette section. On ne peut pas
voter pour la même personne plusieurs fois.

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Au sujet du vote www.voteendirect.com/lsuc

Le courriel envoyé par Computershare à tous les membres pouvant voter comprend un lien à un site web de scrutin en ligne et un
numéro de contrôle personnalisé, qui est un numéro d’identification personnelle. Ce numéro de contrôle est requis pour avoir accès au
réseau de scrutin en ligne sur le site web de l’élection. Le système de scrutin par Internet donne accès au guide électoral en ligne, au
bulletin de vote et aux consignes, qui expliqueront en détail le processus de scrutin en ligne.

Les électeurs et électrices qui, à la connaissance du Barreau, n’ont pas d’adresse courriel recevront une trousse par la poste. Cette
trousse sera envoyée par la poste le jour d’ouverture du scrutin en ligne. Elle contiendra le guide électoral, le bulletin de vote et des
consignes pour voter par la poste. Les autres électeurs admissibles peuvent contacter Computershare et demander qu’une trousse leur
soit envoyée.

Les électeurs et électrices peuvent voter par Internet ou par la poste, s’ils ont reçu une trousse. Un électeur ou une électrice qui a une
adresse courriel et demande une trousse papier peut voter soit par Internet soit par la poste, mais ne peut envoyer qu’un bulletin de
vote. Si un électeur ou une électrice vote plus d’une fois, seul le premier bulletin enregistré, qu’il soit reçu par l’Internet ou par la
poste, servira à la compilation officielle des votes.

Voter par Internet


Pour voter par Internet, les électeurs et électrices se rendront sur le site web des élections, en suivant le lien fourni par Computershare,
où on leur demandera d’inscrire leur numéro de contrôle. Une fois qu’ils et elles seront dans le système, la liste des candidats et
candidates s’affichera. Les électeurs et électrices choisiront les candidats et candidates en cliquant sur la boîte à côté de leur nom.
Le système ne permettra pas de voter pour plus de 20 candidats et candidates de l’extérieur de Toronto ou plus de 20 candidats et
candidates de Toronto. Il est possible de soumettre un bulletin sans avoir choisi de candidat. Une fois que les électeurs et électrices
auront fini de choisir pour l’extérieur de Toronto et pour Toronto, ils et elles cliqueront sur le bouton « Soumettre ». On demandera
alors aux électeurs et électrices de vérifier leurs choix et de faire les changements désirés avant l’envoi final de leur vote.

Le vote par Internet se termine à 17 h heure avancée de l’Est (HAE) le 29 avril 2011.

Vote par la poste


Le bulletin de vote est joint au formulaire de consignes de vote. Pour voter par la poste, les électeurs et électrices mettront un X sur le
bulletin à côté du nom de la candidate ou du candidat choisi. Les électeurs et électrices détacheront ensuite le bulletin du formulaire
le long de la ligne perforée et renverront le bulletin dans l’enveloppe déjà affranchie à Computershare. Les enveloppes de retour sont
déjà affranchies pour les envois au Canada. N’utilisez pas cette enveloppe à d’autres fins. Les électeurs et électrices peuvent aussi
livrer eux-mêmes le bulletin à Computershare au 100, avenue University, 9e étage, Tour Nord, Toronto, Ontario M5J 2Y1.

Computershare doit recevoir l’enveloppe au plus tard à 17 h HAE le 29 avril 2011. Les bulletins reçus après 17 h HAE le 29
avril 2011 seront rejetés.

Les bulletins ne seront pas acceptés au Barreau du Haut-Canada à Osgoode Hall.

Aide au scrutin
Si vous avez besoin d’aide pour voter ou pour avoir accès au site, appelez le numéro d’aide sans frais de Computershare au 1-888-344-
2805 au Canada et aux É-U. Les électeurs à l’extérieur du Canada et des É-U peuvent appeler le 514-982-2391. La ligne d’aide est
ouverte du lundi au vendredi, de 8 h 30 à 20 h HAE. Elle ferme à 17 h le 29 avril 2011.

Dates limites pour voter


La date limite pour voter est le 29 avril 2011 à 17 h HAE. Les systèmes de vote par Internet fermeront à exactement 17 h HAE le 29
avril 2011. Computershare doit recevoir les bulletins au plus tard à 17 h HAE le 29 avril 2011. Les bulletins reçus après 17 h HAE le
29 avril 2011 seront nuls.

Annonce des résultats


Le dépouillement du scrutin commencera le 29 avril 2011 dès 17 h HAE. Les résultats seront révélés par communiqué et sur le site
Internet du Barreau à www.lsuc.on.ca une fois le scrutin dépouillé.

Pour communiquer avec nous


Pour plus de renseignements, veuillez appeler le Barreau au 416-947-3315, 1-800-668-7380, poste 3315 ou communiquer par courriel
à bencherelection@lsuc.on.ca.

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Candidates from
Outside Toronto

Candidat(e)s de
l’extérieur de Toronto

7
John Arkelian Central East • Centre-Est
Oshawa
The face the Law Society projects to its members is one of unaccountable and undemocratic
governance -- the face of an organization that is too often impenetrable, heavy-handed,
bureaucratic, curt (rather than courteous), and coldly unreceptive to input by its members.
The Society ought to reinvent itself to present a more humane, collegial face. To start,
the Society should request the provincial government to amend the Society’s mandate. In
addition to protecting the public interest, the revised mandate should also direct the Society
to protect the interests of both the legal profession and Law Society members. A paramountcy
clause would stipulate that in the event of a conflict between those objectives, protection of
the public interest would always take priority. The Society’s charter should also explicitly
state that a key function of all benchers is to serve as elected representatives of the Society’s
members, accountable to them (perhaps through some kind of forced recall provision) and
My professional experience has readily accessible to their concerns. At present, Society members are without any meaningful
run the gamut from international input into their own governance. Provision used to exist for any member to easily petition
diplomacy to courtroom advocacy. Convocation on issues of concern to that member. However, it appears that said “Petition to
I have represented Canada abroad Convocation” procedure was quietly discontinued years ago, leaving members without any
as a diplomat, responsible for mechanism for getting a complaint, concern, request, or proposal before the body empowered
political, security, and consular to govern them. How is it compatible with democratic governance to leave members utterly
relations. I have advised the bereft of any way to put a matter before their own governing body? Every member should
Government of Canada on issues have an absolute right to communicate any matter directly to Convocation, to thereby have
of international and constitutional Convocation seized of said matter, and to promptly have said matter deliberated upon and
law, co-authored Canada’s brief decided by Convocation. The Society should welcome any and all measures to increase
in the infamous Sidney Jaffe its transparency and accountability. For that reason, the Law Society should voluntarily
international kidnapping case, submit itself, on a permanent basis, to the jurisdiction of both the Ontario Ombudsman and
instructed Canada’s delegation the Ontario Privacy Commissioner; and, its accession to the jurisdiction of those agencies
to NATO, and drafted both new should be entrenched in the Society’s charter. The Society should also create an internal
federal legislation and international Ombudsman to act as an advocate for members in their dealings with the Society. The
treaties. As a Federal Crown Society should discontinue its practice of recording the names of members as they appear at
Attorney, I conducted criminal christening and instead rely on members to provide, in good faith, the form of their names
prosecutions in Toronto’s busiest by which they are actually known. (A member’s common-use name, combined with their
courtrooms. As a Professor of date and place of birth and unique membership number is enough to distinguish one member
Law and Journalism, I taught such from another.) The cost of Society membership fees and malpractice insurance is excessive.
subjects as defamation, copyright, Every function of the Society ought to be carefully scrutinized in an effort to reduce the
and criminal procedure. As an size and cost of the Society’s bureaucracy. (For example, maybe the Society could utilize
award-winning public interest a collegial management model and do without a CEO and Treasurer.) At present, practices
author and journalist, I have governing fees and malpractice insurance do not favor a member working part-time. Those
written extensively on practices should be amended to make it easy and affordable for members to work part-time.
international relations, In an effort to get more members involved in their own governance, a new term limit should
public policy, and law reform. restrict any member from serving as a bencher for more than two terms over the course of
their career. The Society should undertake an intensive examination of its practices, with a
view to developing “best practices” for the operation of the Society. That means ensuring
that members are never treated as ‘guilty until proven innocent’ by the Society; according
members and the public the most open and accommodating access to due process that human
ingenuity can devise; and ensuring strict confidentiality (so a member can write in confidence
to a Society staffer or officer and have that confidence respected). The Society should
avoid adopting compulsory “one size fits all” practices when it is possible instead to give
members the freedom to choose the approach that suits them best -- a case in point being the
unnecessary imposition of mandatory “e-filing,” without regard to the well-founded qualms
some members may have about the reliability and privacy of anything done online.

8
Constance Backhouse East • Est
Ottawa
One of the extraordinary benefits of being a law professor in Ottawa and London is the
thousands of law students I have met during the course of my career. The generational turnover
allows for recognition of the changing perspectives of young people, and the diversity of issues
that confront new entrants to our profession. Another wonderful privilege is the continuing
contact with alumni, permitting glimpses into the ongoing lives of the lawyers who have gone
on to explore vastly different careers.
These contacts, along with opportunities to research and write about the past and future of law
practice in Canada, have caused me concern about a number of issues. If re-elected, I would
work towards the following:
• Ensuring that the LSUC can respond to the fact that the profession is no longer
Constance Backhouse, LSM, (perhaps has never been) one monolithic whole. Recognizing that the interests of sole
C.M., O. Ont., F.R.S.C. practitioners, clinic lawyers, government lawyers, general practitioners, specialized
corporate practitioners and so on can be dramatically different, and that all members
http://constancebackhouse.ca of the bar require support for their efforts to operate successful practices in diverse
settings.
• Law Professor, uOttawa • Recognizing that public accessibility to legal services is an objective our profession is
2000-11, UWO 1979-2000 increasingly unable to meet. Maximizing access, revitalizing, and expanding legal aid.
• Continuing to reassess legal education in the universities, bar admission course, articling,
• Elected Bencher 2003-11 and continuing professional development programs to ensure there is coherence and
effectiveness of outcomes.
• LL.B. Osgoode Hall, ‘75; LL.M. • Consulting with the County and District Law Presidents’ Association, local, regional and
Harvard ‘79; Called to Bar ‘78 provincial law associations to ensure that the LSUC is more inclusive of the full range of
the bar, and that its practices are transparent to the profession and the public.
• Hon. Doctorate LSUC ‘02 • Protecting the heritage of the legal profession through expansion of the historical
collection of material documenting the lives and careers of Ontario’s lawyers.
• Order of Canada ‘08; • Developing new initiatives to achieve greater equity within the legal profession to ensure
Order of Ontario ‘10 equality of sex, race, ethnicity, religion, dis/ability, class and sexual identity.
Un des avantages extraordinaires de l’enseignement du droit à Ottawa et à London, Ontario,
• Law Society Medal ‘98 c’est d’avoir eu le plaisir de rencontrer des milliers d’étudiantes et d’étudiants en droit au fil
de ma carrière de professeure. Je connais bien les problèmes auxquels sont confrontés les
• Bora Laskin Fellowship ‘99; nouveaux juristes qui entrent dans la profession : la recherche d’emploi, l’établissement d’une
Trudeau Fellowship ‘06 clientèle et le fardeau de composer avec des dettes toujours plus oppressantes. La pratique du
droit, par contre, est une lutte même pour les juristes qui ont plusieurs années de service dans
• Women’s Law Association of la profession.
Ontario President’s Award ‘01
Si je suis élue, je consacrerai mon énergie à :
• John Ramon Hnatyshyn • Veiller à ce que le Barreau puisse répondre à la réalité que la profession n’est plus
Award from CBA ‘06 (n’a peut-être jamais été) une entité. Reconnaître que les intérêts des juristes, qu’ils
pratiquent seuls, qu’ils exercent dans le milieu clinique ou dans la fonction publique,
• teaches criminal law, human qu’ils aient une pratique générale ou qu’ils œuvrent dans le secteur de l’entreprise ou
rights, legal history, labour law ailleurs, ont changé de façon sensible; tous les membres ont besoin de la reconnaissance
et de l’appui du Barreau sur le plan des efforts fournis pour assurer la saine gestion de
• Member Ontario Bar pratiques dans des milieux divers.
Association Council • Reconnaître que l’accès public aux services juridiques est un objectif que notre
profession est de moins en moins capable d’atteindre. Trouver des moyens d’augmenter
• Author of The Heiress v. l’accès, de raviver et d’élargir le système de l’aide juridique.
The Establishment and Petticoats • Continuer à évaluer la formation en droit offerte dans les universités, les cours de
& Prejudice: Women & Law formation professionnelle, les expériences de stage et les programmes de formation
in 19th-Century Canada and permanente pour les professionnels afin d’assurer une cohérence et des preuves concrètes
Colour-Coded: A Legal History of d’efficacité.
Racism in Canada, 1900-1950 • Consulter les présidents ou présidentes des associations juridiques de comté et de district,
des associations professionnelles locales, régionales et provinciales afin de veiller à ce que
le Barreau soit plus représentatif de l’ensemble de ses membres et que ses pratiques
soient vraiment transparentes tant pour les membres que pour le public en général.
• Protéger l’héritage de la profession juridique par l’enrichissement de la collection de
documents historiques relatant la vie et la carrière de juristes de l’Ontario.
• Mettre en œuvre de nouvelles initiatives afin d’assurer une plus grande équité au sein 9
de la profession juridique.
Stephen Bale Central East • Centre-Est
Cobourg
The mandate of the Law Society is to regulate our profession in the public interest. The
public interest is best served by a vital and prosperous bar. Accordingly, in order to fulfill
its mandate, the Society must support all members of the profession in our efforts to deliver
professional and affordable service while, at the same time, balancing our professional and
personal lives in an increasingly complex society.

We elect our benchers to develop and implement policy to deal with the many issues facing
our profession and we ask them to do it without spending any more of our money than
necessary and without placing unnecessary obstacles in our paths.

Our current benchers have taken many positive steps to address these issues; however, we
Education continue to face an ever-evolving number of challenges.
Trent University
B.A. University of Toronto Diversity, legal aid, the difficulty in attracting young lawyers to smaller communities,
LL.B. Queen’s University access to justice and self-represented litigants, the inability of law school graduates to find
Called to Bar 1980 articling positions and paralegal regulation are all issues that will continue to demand our
attention and, in addressing them, the Law Society must continue to work with professional
Practice organizations including the Ontario Bar Association, the County and District Law Presidents’
Litigation counsel Association, the Criminal Lawyers’ Association and The Advocates’ Society.
Deputy Judge
Professional service What are my qualifications to take on this responsibility?
The Advocates’ Society, Director
(2001-2007) Having lived and practised law in both Toronto and Northumberland County, in small firms
Pro Bono Law Ontario, Director and now as a sole practitioner, I have an appreciation of the perspectives of a wide variety of
(2005-2008) our colleagues and the needs of a wide spectrum of the public we serve.
Sir William Campbell Foundation,
Trustee (2002-2005) and I have the ability to listen and to work with others, a commitment to public service, and the
Past Chair ability to exercise judgment.
Northumberland County Law
Association, Past President and Having participated in various professional organizations, I have worked with a diverse group
County representative at CDLPA of lawyers from across the province on issues facing our profession and have a wide network
and OBA Council of colleagues upon whom I can rely for support and advice.

Community service I am passionate about the law and the legal profession and grateful for the many opportunities
Green Communities Foundation, that membership in the profession has afforded me.
Trustee (current)
Habitat for Humanity And most importantly, I have a track record: a demonstrated need and ability to become
Northumberland, Trustee engaged. As an example, in my two terms as a director of The Advocates’ Society, I chaired
(2007-2010) the Sir William Campbell Foundation and two standing committees: Operations, Governance
Memberships and Finance and Advocacy and Practice.
The Advocates’ Society
Criminal Lawyers’ Association Participation of our members in recent bencher elections has been relatively low. This is
Ontario Bar Association disappointing because we all share the responsibility of electing the best Bench possible in
order that the Law Society may support us in delivering professional and affordable service to
Nominators our clients.
Michael Adams (Innisfil)
Jack Braithwaite (Sudbury) I respectfully request your vote. If elected, I will draw upon my experience in both
Tom Conway (Ottawa) the practice of law and in professional organizations to represent you to the very best of
Peter Cronyn (Ottawa) my ability.
Cliff Dresner (Newmarket)
Bruce Fitzpatrick (Peterborough)
Michael Head (Pickering)
Mark Lerner (London)
Derry Millar (Toronto)
Patrick Murphy (Goderich)
Stephen Wojciechowski
(Thunder Bay)

10
Graham M. Bennett Central South • Centre-Sud
Kitchener

This is my first bencher election. The Central South Region, which includes the County of
Brant and the regional municipalities of Haldimand-Norfolk, Hamilton-Wentworth, Niagara
and Waterloo has been represented at Convocation by a single bencher, who has now served
the maximum term. I am running for bencher to ensure that Convocation continues to include
at least one voice from this region.

My practice is restricted to civil litigation, advocating for clients in and out of court.
If elected, I will advocate for you in these areas:

• Address concerns the Law Society is over-regulated and our fees are too high
• Partner, Giffen LLP, Kitchener
• Ensure affordable public access to criminal and civil justice in our communities
• B.A.(Hons.), University of
Ottawa, 1988 • Continue to improve public confidence and trust in lawyers

• LL.B., University of Ottawa, • Ensure relevant, timely and accessible continuing legal education programs both in
1991 and outside of the GTA

• Called to the Bar, 1993 • Maintain high standards and ensure transmission of substantive knowledge in the
licensing process
• Certified as a Specialist in
Civil Litigation • Promote the interests and concerns of sole practitioners and smaller firms

• Member of the Advocates’ • Encourage new lawyers to practise in under-represented communities


Society, Ontario Trial Lawyers
Association, Ontario Bar
Association, Waterloo Law
Association, and American
Association for Justice

• Sessional Lecturer, University


of Waterloo 2001-2009

• Contact:
gmb@giffenlawyers.com

11
Fred Bickford Northwest • Nord-Ouest
Thunder Bay
It is critical we all vote in this Bencher Election.
Benchers, Convocation, and its Committees and Disciplinary Panels will determine the future
of our profession over the next four years.
As you know, members in the eight regions in Ontario elect their own bencher and in
addition, thirteen benchers outside of Toronto are elected at-large by voters across the
province.
I respectfully ask my colleagues in the Northwest for their support in the Regional Bencher
Election.
I also respectfully ask my colleagues across Ontario for their at-large support of my
candidacy.
• B.A., M.A.,
University of Manitoba Based on my professional experience, energy and good health, I am confident I can play a
• LL.B. (Queens University) leadership role as a bencher.
• 1973 Call
I approach my work with energy and enthusiasm. I am committed to bringing the same
• Senior Partner,
energy and enthusiasm to Convocation, and to Committee work and participation on
Weiler Maloney Nelson
Disciplinary Panels. I understand the Law Society has, in the past, experienced difficulty
• Labour and Administrative Law
staffing its many Committees and Disciplinary Panels.
• Certified Specialist
(Labour Law)
My counsel work on hundreds of Arbitration cases and other Tribunals provides me with
• Member, LSUC, Labour Law
the present qualifications and experience to do the committee and tribunal work required of
Specialty Board
benchers.
• Member, LSUC,
Certified Specialist Board, In addition, my service as an Alternate Chair of the Ontario Review Board for three years,
Professional Development and chairing five-member hearing panels across Ontario, is another asset.
Competence Committee
My counsel experience, with its focus on human rights issues, management, and disciplinary
• Editor-in-Chief, Federated
matters, provides me with the type of experience a bencher needs to hit the ground running.
Press Legal Journal
“Management Rights” Through my service as a member of the Law Society’s Labour Law Specialty Board (2004),
• Elected member, OBA Council and on the Law Society’s Certified Specialist Board (2008), I have gained valuable knowledge
(2004 – 2010) and experience about the Law Society’s Professional Development and Competence policies
• Past Alternate Chair, and procedures.
Ontario Review Board
• Advocates’ Society (1982) Challenges facing Convocation the next four years.
• Ontario Bar Association (1977)
1. Access to Justice: Having practised in Northwestern Ontario for my entire career, I am
• Past Director, Thunder Bay
keenly interested in maximizing access to justice for all residents of Ontario, particularly
Law Association
those in remote regions of the province.
• Counsel in 55 to 60
Reported Cases 2. Equity and Diversity: Increasing diversity in our profession is an area of critical importance
• Served Canadian Armed Forces and a challenge to our profession to ensure equity and fairness. I am committed to our Law
Camp Valcartier, Quebec, Signal Society meeting the challenges arising from that diversity.
Squadron and in Royal 22nd
3. Retention of Women in Practice: Although the majority of new calls are women, women
Regiment Airborne Infantry
leave our profession in higher numbers than men.
Battalion
I am committed to the Law Society continuing its work assisting women practitioners
remaining in the profession.
4. Sole and Small Firm Practitioners: Our Law Society assists and encourages new members
to relocate to areas outside larger centres, which also offer challenging legal opportunities. I
fully support that important work.
5. Midsize and Larger Firms: Our Law Society assists and promotes midsize and larger firms
to continue making vital contributions to the provision of legal services. I support those
initiatives.
I welcome the opportunity to serve as bencher.
I respectfully request your vote on April 29, 2011.
I would be happy to hear from you and can be reached at fbickfor@wmnlaw.com.
12
Jack Braithwaite Northeast • Nord-Est
Sudbury

Dear Colleagues:

I am again seeking your support to be re-elected as a bencher. My reasons are simple. I am


proud of the profession and the dedication of those who make up the profession.

I believe I have brought and continue to bring the necessary ingredients to assist in ensuring
the profession continues to strive to achieve its ideals of ultimate service to the community.

In addressing the continued self-regulation of the profession and the future of its growth, I
Jack Braithwaite, B.Sc., B.A., bring the following:
M.A., LL.B. - Counsel, Weaver
Simmons LLP 1. Past and current bencher experience;

Practice: 2. Time commitment - I am prepared to put in the time as demonstrated in my past service
• Labour/Employment Law; as bencher;
(Management) including WSIB;
OHSA prosecutions; 3. Diversity including:
• Collaborated in writing a
leading textbook entitled i) Regional representation - practice in the North;
“Canadian Employment Law”
• Past Associate Editor of the ii) Experiential representation
Dismissal and Employment Law - practiced in the South and North (Toronto and Sudbury);
Digest
iii) Practice representation
Memberships: - practiced in both a relatively small and medium-sized boutique firm
• CBA; OBA; National Bar - practice in a relatively medium/large full-service firm;
Association (U.S.); Canadian
Association of Black Lawyers; iv) Firm knowledge representation
Canadian Association of - Associate; Partner; Counsel;
Counsel to Employers; Past
Board of Directors of The In consideration of at least the above, I believe I have served our profession well and most
Advocates’ Society; Past importantly, I want to continue to do so in a bencher capacity.
President of the Sudbury
District Law Association;
Past Governing Council of
the Ontario Chamber of
Commerce; Past Board of
Directors of the Ontario
Chamber of Commerce; Past
Chair of the Greater Sudbury
Chamber of Commerce;
Member of Human Resources
Professionals Association of
Ontario (“HRPAO”)

Other Activities:
• Guest lectures at Laurentian/
Western University/
Osgoode Hall

13
Jay Chauhan Central East • Centre-Est
Richmond Hill
I have practised 38 years in Richmond Hill, Ontario and have seen the Law Society and
profession change significantly during this time. I am called to the Bar in several jurisdictions
and have been a Deputy Judge for 18 years in Richmond Hill. I would now like to contribute
in these years of transition to work to improve the governance and maintain a strong and
independent bar in a rapidly changing society.
Civility
Our adversarial system should be tempered with civility to provide resolution of conflict using
courtesy and respect and courtroom manners of the bar and before the judiciary and tribunals.
In my view it is an essential and integral part of the administration of justice to achieve
resolution of legal problems.
Legal Aid
1962 B.Sc. ( Econ) London School
We should continue to work to improve the availability of public funds and pro bono work of
of Economics
lawyers to provide better access to justice and legal information to those in need, recognizing
that legal problems can affect the public just as seriously as medical problems. We need to
1965 Called to the Bar,
achieve better access to courts and legal institutions for all members of the public.
Lincoln’s Inn, England
Education
1967 Master’s Degree, Dramatic changes in society, as reflected in the legal system, require not only a strong
Development Economics, programme of articling to have good lawyers, but also a continual effort to educate the
University of Berlin lawyers both in specialities in an increasingly complex society and continual education for the
general practice lawyers to adequately service an ever more demanding public.
1970 LL.B., Osgoode Hall,
Human Rights
York University and Doctor Juris
The current effort of the Law Society to support foreign lawyers and judges in human
rights issues abroad should be expanded to include more members participating in such
1972 Called to the Bar,
programmes here and abroad as we interact more closely with the outside world in asserting
Law Society
our fundamental values of liberty, due process, justice and human rights.
1980s Advisory Committee Paralegals
Paralegals, Seneca College We need to make special effort to integrate the paralegals in the profession and recognize their
supportive role in the administration of justice.
1980s 3 years Chairman,
Pro bono Work
Canadian Bar Association
The Law Society should take more steps in supporting pro bono work and ethics in doing it to
fulfill our mandate to govern the profession for the benefit of the public.
1982 Registered as Advocate, Bar
Council of Gujarat, India Women and Diversity
The Law Society has made good effort to support the role of women in the profession in the
1990s 3 years Pro bono last few years, which should continue. Similar effort needs to be made to integrate the diverse
Legal Aid lawyer communities of Ontario in the profession and recognize their effort and contribution to the
administration of the justice system.
1992 Deputy Judge, Richmond Hill
Discipline
The discipline procedure should be streamlined and codified to make it more judicial
1990s Mentor for many students,
following the principles of natural justice. The image of the Law Society with the membership
lawyers
should be shifted towards a more supportive role to members.
1990-2010 Published many legal Judiciary & Bar
articles A strong and independent bar and judiciary are extremely important for the future
development of Ontario and the Law Society should take a greater and more active role in
2004 Award for legal writing recognizing members who can be judges and work with the Judicial Advisory committees
from Canadian Ethnic Journalists both federally and provincially.
Association
Public Image
We should make a vigorous effort to help improve the image of the Law Society as supportive
2006-2009 Special Lectures
of the member whilst protecting public interest and improve the image of the lawyers
to Tanganyika Law Society on
contributing to Ontario society through charitable, pro bono work. Disciplinary work done
Mentorship, Law Reform in
and shown to the public should be enhanced by other activities in the public eye.
India, Universities of
Chandigardh and Saurastra

14
Stephen B. Collinson Central West • Centre-Ouest
Oakville
The Law Society of Upper Canada is charged with important mandates of regulating our
profession and protecting the public interest. This role is an honour and a responsibility that
none of us should take lightly. Continued good governance of the Law Society is a sacred
trust. In a number of jurisdictions self-regulation has been legislatively restricted or removed
when standards and principles have not been adhered to. In my view, it is not contrary to
either the regulation of the profession or the public interest for the Law Society to also
strongly advocate on behalf of the interests of the profession. Self-regulation, protection of
the public interest and advocacy on behalf of the profession are complimentary to each other.

My perspective is that of a sole practitioner. As a barrister in criminal courts, I face the


challenges of our stakeholders on a daily basis. As the Past President of the Halton County
Law Association, I am aware of the issues that arise for “Main Street Lawyers”. Having
B. A. (Honours)
served a six-year term as the Central West Director of C.D.L.P.A., I am aware of the issues
Queen’s University 1986
that relate to the practice as a whole. I sit as a Deputy Judge in Small Claims Court. I have
a practice as Defense Counsel and also act as an Agent of the Department of Justice and a
LL.B.
Per-Diem Provincial Crown Attorney. I also maintain a solicitor’s practice. I would like to
University of Windsor 1990
bring these perspectives to the Law Society.
Call to the Bar 1992
The Law Society has built a strong foundation over the past number of years. The task of
Convocation over the next four years will be to build upon that foundation. To that end, there
Sole Practitioner – Oakville
are a number of areas that present interesting challenges:
1992-present
Originally in association with
1. Libraries and Continuing Legal Education----I believe in the importance of well-funded
Ledressay,VanMelle
legal libraries across the province. Local associations and local libraries play a key role
in the delivery of continuing legal education. Given the new Continuing Professional
Per-Diem Crown Attorney (Halton)
Development requirements, proper libraries and well-funded local associations are as
1993-present
important as ever.
2. Fees and Insurance Levys----The Law Society and LawPRO should continue to manage
Standing Agent – Department of
funds in a prudent and responsible fashion. Wherever possible fees and levies should
Justice Canada
be maintained if not reduced. Paralegal regulation should be self-sustaining and not
1993-1995, 2008-present
subsidized by lawyers.
3. Discipline and Enforcement----The Law Society has an obligation to the public and
Deputy Judge – Small Claims Court
profession to enforce practice standards. This role ranges from enforcing the Barristers
2003-present
Act, to prosecuting unauthorized practice, to ensuring that members of the profession
treat each other with courtesy and civility.
Halton County Law Association
4. Advocacy and Lobbying of Government----The Law Society has an important role to
Executive 1994-2004
play in respect to lobbying. From Legal Aid funding, to new court houses, from proper
President 2000-2002
remuneration for deputy judges to insuring services to under-represented members of
the public, we must continue to insure that the voice of the profession is heard at both
Central West Representative
Queen’s Park and in Ottawa.
C.D.L.P.A
5. Sole and Small Firms---I started my own practice after being called to the Bar. At the
2002-2008
time, the Law Society offered absolutely no assistance to new calls. Efforts by the Law
Society over the past number of years have been an impressive start. The Society must
Bar Admissions Instructor
continue to explore ways of assisting small and sole practitioners and recent calls.
Law Society of Upper Canada
2002-2006
I am very pleased to have the endorsement of the Halton County Law Association. I would
very much appreciate your consideration of my candidacy in the up-coming elections.
Board Member:
Big Brothers of Halton
1992-1995
A.D.A.P.T. 1996-Present
Canadian Club of Burlington
1996-2002
St. Luke’s Church

Endorsed by the Halton County


Law Association
15
Thomas G. Conway East • Est
Ottawa
I was privileged to be elected for my first term as a bencher in 2007 and am very grateful to have had the
opportunity to contribute to the governance of the profession. I would like to continue and complete my
work at the Law Society, especially now that I have had a few years to learn the ropes and gain some
experience. I seek your support in this election.
I have served on a number of committees, task forces and working groups, including:
• Chair, Professional Development and Competence Committee.
• Participated in the working group charged with developing the new Continuing Professional
Development requirements that came into effect in January 2011.
• Co-Chair, Retention of Women in Private Practice Working Group.
• Directed the implementation of the nine recommendations of the Task Force Report on the
Retention of Women in Private Practice, approved by Convocation in May 2008.
• Traveled throughout Ontario to implement and promote the initiatives of the Working Group
LSUC Highlights and the Justicia Project.
• Council Member, Federation of Law Societies of Canada.
Chair, Professional Development and • Represent Ontario on the Council of the Federation, and have chaired several Federation
Competence Committee committees.
Co-Chair, Retention of Women in • Vice-Chair, Hearing Panel.
Private Practice Working Group • Director, LibaryCo.
• LSUC Delegate, Council, Ontario Bar Association.
Council Member, Federation of Law
• Member, Professional Regulation Committee.
Societies of Canada
• Member, Priority Planning Committee.
• Member, Government Relations Committee.
Other Professional • Member, Tribunals Committee.
Commitments • Member, Inter-Jurisdictional Mobility Committee.
President, County of Carleton Law I ask for your vote so that I can continue to:
Association (“CCLA”), 2006-2007 • Advocate for fiscally responsible governance of the Law Society and for a renewed commitment to its
Trustee and Executive Member, core mandate and duties.
CCLA, 1995-2006 • Focus the Law Society’s limited resources and energies on maintaining and improving the standards of
learning, professional competence and professional conduct of the legal professions.
Member, Library Committee, • Represent the Society nationally in the Federation of Law Societies of Canada, and enhance the
County and District Law Presidents’ Society’s leadership role on issues of national and international consequence for our profession.
Association, 2006-2007 • Address the “greying-of-the-bar” challenges by supporting practical and cost-effective strategies to
Adjunct Professor, Faculty of Law, ensure that ordinary Ontarians have access to competent, ethical and affordable legal services, including:
University of Ottawa, 2005-2009 • advocating for more comprehensive, financially sustainable legal aid;
• promoting and supporting the role of sole and small firm practitioners, particularly in
under-serviced areas of practice and in centres outside Ontario’s large urban centres.
Biographical • Support Law Society initiatives and programs to enhance continuing professional development from the
Partner, Cavanagh Williams Conway moment a law graduate enters our licensing process to the day the lawyer retires from the profession.
Baxter LLP There are many things that the Law Society could do in the coming years, but I believe it must:
Partner, McCarthy Tétrault LLP, • Consider reforms to our investigation and discipline processes. Our membership has grown to over
1995-2009 42,000 members, yet we rely heavily on benchers to conduct our adjudications. We need to examine
Associate/Partner, Soloway Wright LLP, whether our current investigation and hearing processes can be made more efficient, more predictable,
1989-1995 fairer and less costly to the profession and to those who are subject to investigation and discipline.
• Meet the challenges presented by the numbers entering our articling and licensing programs.
LEXPERT® Leading Practitioner, About 250 students per year cannot find articling positions. The number of law school graduates and
Commercial Litigation foreign-trained lawyers seeking admission to the Society continues to increase dramatically. We must
The Best Lawyers in Canada, address this challenge in a way that is fair to those who have invested time, effort and money in their
Corporate Commercial Litigation training, without compromising ethical and competency standards.
• Build on programs and opportunities for the enhancement of professionalism and learning. The
Married to Linda, two children
introduction of continuing professional development and the rejuvenated relationship between the Law
Cross Country Ski Coach, Society and the Academy has created new and exciting opportunities for the advancement of lifelong
Ontario Special Olympics professional development and learning. We must continue to build on this progress in collaboration with
professional associations, the law schools and the profession.
• Review Programs and Manage Change. Over the years the LSUC has developed numerous initiatives
and supports for its members. It is time, however, that we review and renew them to ensure they remain
effective. With the implementation of governance reforms, the Law Society will experience accelerated
change. The change can be positive if properly managed by a mix of new and experienced benchers.
Link to more information
• Twitter: @ThomasGConway
• Facebook: www.facebook.com/thomas.g.conway
• Website: http://www.cwcb-law.com/ReElectTomConway.html
• LinkedIn: http://ca.linkedin.com/pub/thomas-conway/25/b9a/128
• YouTube: http://www.youtube.com/user/ThomasGConway
16
Paul Cooper Central East • Centre-Est
Vaughan
A Law Society that educates, supports and advances the INTEGRITY of all its members serves
THE PUBLIC INTEREST.

My platform rests on four fundamental principles:

1) Law Society as a Regulator (Professional Development & Fees)

Education
The Law Society has a wealth of archived Continuing Legal Education programs in print, audio or video format
which could be used to help educate members of our Bar. I propose that we make these materials available to
the profession by establishing a members-only web portal for archived events 2 years and older. This would not
inhibit current Continuing Legal Education events or the revenue derived from them. However, current CPD
programs should be available for free for lawyers who have practised less than 3 years.
Paul Cooper Mentorship
LL.B. Osgoode (1990) Mentorship is the most important activity a lawyer can undertake to advance the quality of our profession.
B.A. (Hon) York (1987) Providing quality education and guidance to junior members of the Bar is necessary for the betterment of
(economics & finance) the profession and the protection of the public. Individuals who undertake this vital role should be granted a
Call - February 1992 discount in their annual membership fees.
Pro Bono
Private Practice This should not be a replacement for the Legal Aid system. Our fight to improve the Legal Aid system
1992-Present: must continue. However, it is in the public interest to participate in serving the community on a pro bono
Criminal Defence Lawyer basis. Members who actively participate in pro bono work should also be granted a discount in their annual
membership fees.
Prosecutor Fees
1994-2000: Benchers past and present have diligently worked to protect reasonable membership fees. I will strive
to continue to maintain reasonable fees, which will help to ensure the protection of small, new and sole
Standing Agent – Attorney General
practitioners.
of Canada – Department of Justice
2) Law Society as a Regulator (Self-Governance)
Duty Counsel
1993-1994: Discipline
York Region Legal Aid Panel – The public is best protected by lawyers regulating themselves. No one is better equipped to understand
Per Diem Criminal Duty Counsel and determine whether a member has crossed the line than another member of the profession. Lawyers
bring understanding and empathy, as well as fairness, to the discipline process. I strenuously oppose any
“outsourcing” of discipline hearing panellists to non-benchers.
Continuing Legal Education
Host/Moderator “Garage Series” Election Process
The inside/outside Toronto format is antiquated and requires change in order to broaden and equitably increase
FREE Continuing Legal Education
representation from across Ontario. There should be an expansion in the number of elected benchers to include
Series more recognition of other large centres such as Ottawa, London and Windsor. In addition, there should be
Lecturer – LSUC Bar Admission an expansion of positions available for sole and small firm practitioners. These changes will bring a greater
Course – “The Guilty Plea: diversity to an institution whose purpose is to advocate for change for all lawyers in the province.
Introduction to Sentencing”
Also, the Law Society needs to create an even playing field to promote greater diversity in those who wish to
Bar Admission Course Instructor run in the Bencher Election. The Law Society should eliminate the members address list fee for candidates
DOJ-Contributor Drug Witness running for election.
Expert Seminar
CBA/OBA Contributor 3) Sole Practitioner/Small Firm

In order to promote and protect the small firm/sole practitioner, the Law Society needs to develop workable
Memberships
exit and succession strategies for retiring practitioners. First, the Law Society needs to establish an opt-in
Criminal Lawyers Association retirement plan for its members. The Society has the ability to leverage the existing base infrastructure of
York Region Law Association L.P.I.C./LawPRO to build a sustainable plan. Moreover, the initiation of a matching program for retiring and
Toronto Law Association young lawyers (both in rural and urban areas) would ensure the seamless transition and continued viability
Ontario Bar Association of established sole/small practices. These measures will provide continued access to justice throughout the
province.
Community Involvement
‘Rep’ Hockey Coach 4) Legal Aid

Legal Aid is grossly underfunded and the defence of the indigent is at risk. The Law Society should mandate
to its nominees on the Board of Legal Aid, the immediate need to demand from the province an increase in
funding. The Law Society should also mandate its Board nominees to establish a Parental Leave program for
lawyers who actively accept Legal Aid work, similar to the one recently developed by the Law Society.

The Law Society has taken steps to develop transparency and effective communication with
its membership. I look forward to being given the opportunity to further the progress and to
17
create a greater connection between the Law Society and you.
Emir Aly Crowne Southwest • Sud-Ouest
Windsor
The governance of the profession could benefit from greater diversity. Some of you know
me as Professor Emir Aly Crowne-Mohammed, or “Pro Mo”, but as a law professor with
significant experience in dealing with issues concerning professional misconduct, legal
education, and equity, I possess many of the qualities essential to that of bencher.
If elected, I shall strive to:
• Bridge the often neglected gap between academia and practice; and contribute to the
development and evolution of our legal curricula so that they respond to this gap with a
special emphasis on the new ethics and professionalism requirements which are making
their way into the law school curriculum. Indeed, I have been instrumental in the creation
and sustenance of the Fox Moot and the Bowman Moot – both of which bridge the gap
between law students, bar and judiciary;
Law Professor, University of Windsor, • Ensure that disciplinary matters are dealt with fairly, promptly and with due regard
2007 – present to the ideals of the profession and the public interest. As an appointed member of the
Justices of the Peace Review Council for the past three years, and as Chair of a Judicial
B.A., University of Western Ontario; Panel at the University of Windsor, I have considerable experience in dealing with
LL.B., University of London; LL.M.,
various types of professional misconduct;
University of Strathclyde; LL.M.,
Osgoode Hall Law School • Make the Law Society a more inclusive, diverse and equitable body: in terms of its
attentiveness to the needs of sole practitioners, ‘Main Street’ practitioners and others
Professor of the Year, 2008, 2009 and who may not have previously enjoyed a strong voice at the Law Society; and the need to
2010, Student Law Society, University of represent diverse interests and segments of society in accessing justice, including vital
Windsor
reforms to legal aid and clinics;
Young Practitioner of the Year (2010), • Ensure that student recruitment and the articling process is conducted in a manner that
South Asian Bar Association respects the integrity of the student and the ethical ideals of the profession. Indeed, the
challenges facing law students and articling students are often overlooked or neglected by
Founder & Co-Chair of the Harold
those who have advanced within the profession (especially the challenges of those from
G. Fox Intellectual Property Moot;
Founder & Co-Chair of the Donald G. equity seeking groups).
Bowman National Tax Moot; and Chair
of the Black Law Students’ Association La gouvernance de la profession pourrait bénéficier d’une plus grande diversité. Certains
of Canada’s Diversity Moot d’entre vous me connaissent comme professeur Emir Aly Crowne-Mohammed, ou «Pro
Mo », mais comme professeur de droit ayant une expérience significative dans le traitement
Appointed Member, Justices of the des questions relatives au manquement professionnel, à l’éducation juridique, et à l’équité, je
Peace Review Council possède de nombreuses qualités essentielles au poste de conseiller.
Judicial Panel Chair, and Member of
Si je suis élu, je m’efforcerai :
Senate, University of Windsor • de combler le fossé souvent négligé entre l’université et la pratique et de contribuer à
l’élaboration et à l’évolution de nos programmes d’études juridiques afin qu’ils abordent
Former Vice-President of Women’s cette lacune en mettant l’accent sur la déontologie et les nouvelles exigences de
Issues, Diversity and Equity, Windsor
professionnalisme qui font leur chemin dans le curriculum des écoles de droit. En effet,
University Faculty Association
j’ai joué un rôle déterminant dans la création et le maintien des tribunaux-écoles Fox
Founder, Caribbean Bar Association et Bowman - qui tous deux comblent le fossé entre les étudiants en droit, le barreau et
(CARIBA) of Canada l’appareil judiciaire;
• d’assurer que les questions disciplinaires sont traitées équitablement, rapidement et
avec respect des idéaux de la profession et de l’intérêt public. En tant que membre
nommé au Conseil d’évaluation des juges de paix pour les trois dernières années, et en
tant que président d’un groupe judiciaire à l’Université de Windsor, j’ai une expérience
considérable dans le traitement de différents types de manquement professionnel;
• de rendre le Barreau plus inclusif, diversifié et équitable : en termes de son attention
aux besoins des praticiens exerçant seuls, des praticiens « ordinaires » et autres personnes
qui n’ont peut-être pas encore bénéficié d’une voix forte au Barreau; et la nécessité de
représenter les divers intérêts et les segments de la société pour qu’ils accèdent à la
justice, en faisant des réformes indispensables à l’aide juridique et aux cliniques;
• de veiller à ce que le recrutement et le processus de stage se déroulent d’une manière
qui respecte l’intégrité de l’étudiant et les idéaux éthiques de la profession. En effet,
les défis auxquels font face les étudiants en droit et les stagiaires sont souvent omis ou
négligés par ceux qui ont avancé au sein de la profession (en particulier les défis de ceux
des groupes recherchant l’équité).
18
Adriana Doyle East • Est
Ottawa

I am running for bencher because I believe my experience as a sole practitioner and my


involvement with both the legal and the public communities will serve the best interests
of all who rely on the integrity of our self-regulation. I have the requisite skills, energy,
commitment and compassion. Mon expérience au service de notre profession me fournit les
outils nécessaires pour travailler à maintenir les services que vous méritez.

My Background
In 27 years as a lawyer, I have practised civil litigation, criminal law, family law, wills,
estates and real estate as a sole practitioner and in small firms. I was elected as trustee for
8 years for the County of Carleton Law Association and served as its President (1998-
1999). I have remained actively involved by sitting on various Ottawa committees such as
• Sole Practitioner
the Bench and Bar Committee, Community and Liaison Resource Committee and Family
family law, mediation,
Law CLE Program. Outside Ottawa, I served as an executive member of the County and
arbitration
District Presidents’ Law Association (2000-2002) and as Director of the Advocates’ Society
• Previous experience in criminal
(2000-2003) which provided me the opportunity to be involved with the issues that touch
law, real estate, civil litigation,
our profession province wide. I am also currently a member of the provincial Family Law
wills and estates
Rules Committee (2000 to present) and have done my utmost to ensure that the concerns
• Called in 1984
of the Bar are taken into account when changes are suggested and made to the rules. I was
• LL.B. cum laude (Ottawa 1982)
closely involved in the case management master pilot project in Ottawa and its extension.
• Winner of the Gordon F.
From that experience, I have learned to lead for change even when it is controversial. I have
Henderson Award for charity
presided as a deputy Judge of the Ottawa Small Claims Court for many years. I currently
(2008)
sit as a bilingual adjudicator at Law Society discipline hearings, which has allowed me to
• Married (to Kevin Doyle Legal
witness firsthand the challenges and issues facing the profession. I have served in numerous
Aid Ontario Staff Lawyer)
community and volunteer activities. I am aware of the importance of lawyers interacting
• Mother of 4 children
with the community and the need to improve the public’s perception of our profession. This
wide range of experience provides the foundation necessary to become an effective bencher
and demonstrates my commitment to our profession, the administration of justice and
Current Professional
continuing legal education.
Activities
• Member of the Family Law
Sole Practitioner/Small Firms
Rules Committee
As a sole practitioner, I enjoy the autonomy and privilege of providing my legal services to
• Member of the Family Bench
the public. I have faced and met the challenges of running a small business, maintaining
and Bar Committee
professional competency and satisfying the Law Society requirements regarding record
• Co-Chair of the Family Law
keeping. I am committed to ensuring that the voices of small firms are heard at the table. I
Institute
will advocate that these firms be provided with the timely and meaningful assistance and
• LSUC bilingual adjudicator
information that they require to serve the public and to comply with the Law Society’s
• Membre de l’AJEFO
reporting requirements. As a Law Society adjudicator, I realize how much more work has
• Collaborative Family Law
to be done for sole practitioners and small firms who can encounter disciplinary difficulties
when they have no support or mentoring.
Past Professional Activities
Access to Justice
• President of the County of
A properly functioning legal aid program is vital to the administration of our justice system.
Carleton Law Association
Our system must ensure that those of modest financial means have proper advice and
• Executive member of the
representation when they are involved in the legal system. Given the limits of legal aid, I
CDLPA (2000-2002)
would also like to work with lawyers to find ways in which we can provide legal services to
• Director of the Advocates’
the public in a cost-effective fashion.
Society(2000-2003)
Women/Diversity
The Law Society has taken great strides in implementing programs to assist women in private
practice. I would like to continue to participate in the evolution of these initiatives to ensure
that the needs of women are met. As a daughter of Italian immigrants (nee Mazzarello),
I have had the benefit of Canada, being both a land of opportunity and of new challenges.
Consequently, I can assist in analysing LSUC regulation and public legal needs from that
additional perspective.

Services en français
Je tiens à continuer mes efforts pour promouvoir et améliorer les services que le Barreau rend
à nos membres francophones. 19
Ross F. Earnshaw Central South • Centre-Sud
Kitchener
With thirty years in advocacy and managing a busy practice as a commercial litigator, I
believe that I have the following key attributes important in your selection of me as a bencher:
• Highest Ethical Standards
• Demonstrated Professionalism, Integrity, Civility and Leadership
• Dedicated Hard Worker
• Effective Advocate and Communicator
• Attentive Listener
• Recognized for Mentorship
• Demonstrated Social Responsibility Through Community Involvement

EXPERIENCE
Personal I have a unique perspective on the practice of law derived from being a commercial litigator
with a large firm, practising in the surroundings of a smaller community and office. Serving
Age: 58
as the Advocacy Department Leader on the Management Team of the Waterloo Region office
Hometown: St. Thomas, Ontario of Gowlings and as a past member of the Executive Committee of the firm has given me
Location: Region of Waterloo experience in leadership and the opportunity to act as a mentor to my colleagues, not only in
(Kitchener, Waterloo, Cambridge) terms of legal skills but in the equally important areas of community involvement and social
responsibility.
Education:
A. Mus. (piano), UWO, 1973
ENDORSEMENT BY WATERLOO LAW ASSOCIATION
B. Sc. (first class with distinction), I enjoy the support and endorsement of the Waterloo Law Association, an organization of
York U., 1974 over 500 members which I served as President from 2003 - 2005. One of the traditions of
LL.B., Osgoode Hall, 1977 that Association is the presentation of an annual award, the Coulter A. Osborne Award, to one
of its members nominated at large and selected by a committee appointed by the Board of
Practice Trustees. The award is presented to a member who demonstrates qualities in “professional
practice and public life [that] uphold the highest traditions of the profession”. I was its proud
1979: called to Ontario bar recipient in 2009.
1979 – 86:
litigation associate and partner RECOGNIZED FOR MENTORSHIP
(1984) with Simmers, Edwards, I similarly enjoy the support and endorsement of my colleagues at Gowlings. The firm is
Jenkins, Cambridge, Ontario attentive to the professional and personal development of its junior members. In 2010, a
mentorship award was initiated and presented to a handful of Gowlings lawyers who best
1986: exemplified the qualities of a mentor. I was gratified when the selection committee of
Simmers and Gowlings merger associates from across the firm selected me to receive this special recognition.
1986 – present:
Gowlings equity partner, DIVERSE SUPPORT FROM THE BAR
commercial litigation practice And I enjoy the support and endorsement of my colleagues in the profession at large. My
(more at www.gowlings.com) nominators include practitioners from the Justice Department, from the criminal bar, from
sole practitioners and members of large firms, from corporate in-house counsel and private
Professional – Recent practice, from practitioners in Toronto and those in Brantford, Waterloo Region and Owen
Accomplishments Sound. They are male and female, young and old. Support from this diverse group shows
that I listen to the concerns of a broad spectrum of the Bar and understand the many issues
• Past President (2003 – 2005) that confront the profession as it strives to serve the public throughout the Province.
of 500 member Waterloo Law
Association COMMITMENT
• Gowlings Advocacy Department I commit to bringing personal qualities of integrity, commitment, leadership and
Head, Waterloo Region Office understanding to my work as a bencher. Convocation must work effectively to preserve
(2006 – 2010) and build public confidence in the ability of the profession to govern itself. An effective
• Coulter A. Osborne Award governing body must develop policy and strategy to deal with issues facing the profession
recipient (2009) (more at www. in a way that both protects and advances the public interest. During this term, we will
waterloolaw.org) confront the issues of the greying of the bar, the challenges of sole and small practices outside
• Gowlings Associate Mentorship the larger population centres, the maintenance and improvement of competency through
Award (2010) continuing education and the securing of articling positions and permanent jobs for our
graduating students. I believe that my experience qualifies me to address these issues in the
Endorsed by the Waterloo interests of seeing that future generations of lawyers will thrive throughout the Province,
Law Association ensuring access to justice for the public.

I ask for your support. Please make your voice heard by voting.
20
Larry Eustace Northwest • Nord-Ouest
Fort Frances
As an incumbent I seek re-election as a bencher to continue service to the profession through the
work of the Law Society of Upper Canada.

The profession needs benchers with:


• a vision for the future of the profession;
• a “grass roots” wisdom of the profession and the public it serves;
• an understanding of small firms and sole practitioners;
• the awareness of access to justice issues;
• the ability to listen, build bridges, and work together with fellow benchers, other legal
organizations and the profession;
• the commitment to meet the challenges of governing the profession in the public interest with
foresight and integrity;
• Sole Practitioner in Fort • a keen interest in equity and diversity issues;
Frances, Northwestern • leadership and communication skills;
Ontario with extensive • values of compassion, respect, courage, strength, dignity, honesty, trustworthiness,
experience in the general commitment to service; and
practice of law including • attitudes of fairness, discipline, humility and wisdom.
criminal, civil, family litigation,
real estate, corporate, I believe that I possess these qualities, together with a great sense of humour.
commercial, municipal, estates
I supported the recommendations of the Governance Task Force on Bencher Reform. As former
and wills
US President, Bill Clinton, said “It’s a good thing that we have a (term) limit. Otherwise, I would
• Currently serve on Access
have stayed until I was carried away in a coffin.”
to Justice, Working Group on
Real Estate Issues, Finance and I was presented with the Bicentennial Award of Merit by the Law Society of Upper Canada for
Professional Development and meritorious contribution to public service in the community, and in recognition of my numerous
Competence Committees of accomplishments, which have worked to enhance the good works of lawyers in society.
LSUC
• Private Practice 37 years I have attended countless meetings throughout the Province on the profession’s affairs with many
• LawPRO Board of Directors members of the practising profession, the Law Society, LawPRO, the Advocates’ Society, Toronto
12 years Lawyers Association, Ontario Bar Association and local law associations. I understand the issues
• LawPRO Investment and the difficulties facing the profession and the public we serve. I am willing to meet with and
Committee listen to all members of the profession – small firms, large firms, legal aid counsel, corporate
• Northern Law School Initiative counsel, government counsel, and law professors ....... any member of the profession. I support
Committee since inception, initiatives that promote better communication tools for the profession, more advanced technology,
Lakehead University legal education and legal research opportunities, an enhancement of the public’s image of the legal
• President Rainy River Law profession, and recognition of the bread and butter issues facing the profession.
Association 27 years
• Legal Aid Area Committee I continually encourage consultation between benchers and the lawyers’ professional organizations
in the decision making process on issues affecting the profession. I will continue to stress
30 years
consultation with the profession by the Law Society and the benchers, since I am strongly of the
• Past Chair of County and
opinion that, while the Law Society governs the profession in the public interest, benchers need to
District Law Presidents’
listen to and be sensitive to the profession.
Association (CDLPA)
• CDLPA Executive 10 years The following is a quote from the article – Larry Eustace: Duty Calls – contained in the January/
• Community Involvement - February 2004 issue of the Ontario Lawyers Gazette:
business development, youth,
senior citizens, church and civic “There’s not a more conscientious and committed spokesperson for the profession than
activities Larry,” says Michelle Strom, President and CEO of LawPRO. “He brings to the table
valuable insight into the issues facing lawyers, and has represented the needs and concerns
of the profession in a way that resonates with lawyers today. Larry has been an invaluable
addition to our Board, and an asset to CDLPA and the profession.”

I have the ability to build consensus and to move difficult matters forward in a constructive
fashion. I have been congratulated by many members of our profession and many of our
professional organizations on a “job well done” during my tenure as your bencher, as the Chair of
CDLPA, and as a member or Chair of many of our professional committees.

I ask for your continued support. I undertake to put forth my best efforts to earn the endorsement
- “a job well done” - as your bencher.

21
Robert F. Evans Central East • Centre-Est
Bradford

I have been in general practice in Bradford since 1966. My work has been mainly on the
solicitor’s side, in real estate, wills, powers of attorney, estates, corporate and commercial
work. It has been my privilege to work with long-time clients of our firm as well as with
newcomers to our area.

Over the years, our municipality (now Bradford West Gwillimbury, which is at the south end
of Simcoe County and is adjacent to the GTA) has been transitioning from a mainly rural to
an increasingly urban community.
• University of Toronto B.A. 1961
Change is the “new normal” in the practice of law. I believe that the Law Society has an im-
• Osgoode Hall Law School LL.B.
portant role in supporting the lawyers of Ontario in this time of transition, continuous change
1964, LL.M. 1981
and increasing pressure in our professional lives. Such support will help us become more
• Called to the Bar 1966
efficient and effective in our work thereby benefitting not only the lawyers but our clients and
• Queen’s Counsel 1981
indeed all the people of Ontario.
• Currently senior member
of Evans & Evans, Bradford,
I extend my best wishes to the candidates in the Bencher Election and to the members of our
Ontario, a family firm dating
profession throughout Ontario.
back to 1894
• Real estate, wills and estates,
corporate and commercial
practice
• Deputy Judge in Simcoe
County
• President of York Region Law
Association 1976 – 1978
• Member of Council of CBA
1985 – 1990
• Member of OBA Institute
Committee 1986 – 1990
• Member of the Rotary Club
of Bradford since 1967
• Paul Harris Fellow (Rotary)
1984
• Trustee of Simcoe County
District School Board 1991
– 2000
• Chairman and Founding
Member of Bradford West
Gwillimbury and District
Community Foundation
• Married to Janet Evans, 4
children, 12 grandchildren

bob@evansevans.ca

22
Peter J. Festeryga Southwest • Sud-Ouest
Leamington
Many classmates and family members have asked me why I am running for bencher. The
simple answer is that, after 25 years of practice, I feel that I can constructively contribute
to the many important issues facing lawyers today. I am well aware of the significant time
burden and responsibilities that this position entails. I am willing to take on this challenge.
My family (of which four others are lawyers) consider the practice of law to be a noble
profession.

I began my career over 25 years ago. From that time forward, I have practised law with
large firms in St. Catharines, London and Windsor. Three years ago, I formed my own firm
in Leamington, Ontario. Currently my practice emphasis is on Insurance Defence litigation;
however, throughout my career I have conducted Commercial litigation as well as acting
on behalf of individuals injured in accidents. I have appeared before the Ontario Municipal
PERSONAL:
Board and almost every other Court and Tribunal in Ontario on numerous occasions.
• Graduated McMaster
University, Honours B.A.
As a candidate for bencher, I feel that these are important times for the Law Society. Lawyers
(1981);
face serious issues including the risk of losing our self-regulation status. At this point in my
• Graduated Queen’s University
career, I feel an obligation to put my name forward as a bencher.
Law School (1984);
• Called to the bar in 1986;
The critical challenges which I see facing the Law Society include:
• Married to Audrey Festeryga
and father of two children.
• The aging of practitioners in small towns. This is a fundamental issue to the principle
of Access to Justice. If the reason for the existence of the Law Society is to regulate the
PROFESSIONAL:
practice of law in the public interest then there can be no more serious concern. As one
• Articled in Hamilton;
who has practised in large firms and manages my own small firm in a small town, I am
• Practised law with firms in
personally aware of the burdens and responsibilities which are placed upon lawyers in
London, St. Catharines and
small firms as well as large firms. When elected, I intend to focus on this issue with an
Windsor;
aggressive policy integrating the assistance of the law schools, CDLPA and the media.
• Formed Festeryga Partners,
Leamington, June, 2008.
• The retention of women lawyers in private practice. My wife is a lawyer and my daughter
hopes to be a lawyer. I have personally seen the specific problems that face highly
MEMBERSHIPS:
qualified women in private practice, whether it be in small communities or in large
• Law Society of Upper Canada;
centres. In my view, this problem may be related to the aging of members in private
• Canadian Bar Association;
practice. I will work with the law schools, CDLPA and the media to address this issue.
• Advocates’ Society;
• Essex Law Association.
• The use of technology in the delivery of legal services and Access to Justice. The
only constant in the legal profession is change. Further steps need to be taken to use
INTERESTS:
technology to create greater access to the activities of the Law Society. The vast majority
• Avid reader of fiction and
of the direct legal work being carried out for the public is completed by lawyers in small
non-fiction;
firms in small communities. Technological advances must be implemented to allow
• Family history in football,
lawyers and the public greater access to the process of the Law Society.
father being a Grey Cup
Champion (1949) and our son
• Maintaining good lawyers. Given a mandate to carry out the regulation of lawyers in the
a Vanier Cup Champion (2009);
public interest, the benchers have no greater duty than discipline. Even a small number
• “Hockey parents” with a son
of dishonest or incompetent lawyers are very costly to the public and to the Law Society
playing from “AAA” to Junior
itself. As a bencher, I will approach discipline with a fair and open mind and with a view
“A”.
to always carrying out those duties in the interests of the public and the Law Society.

• Costs to lawyers. Dues, fees and insurance premiums must be kept to a minimum. As
one who manages his own small firm, I am well aware of the burden of overhead. When
elected, I will work diligently to cut direct expenses. As a start, I will not accept the
remuneration available to Benchers during my term in office.

When elected, I will serve the public interest and that of lawyers with the same thoughtful and
result-oriented approach I bring to my practice.

23
Carl E. Fleck Southwest • Sud-Ouest
Point Edward (Sarnia)
In running for re-election as a bencher, I am forever mindful that the need for certain attributes
remains constant for important office - integrity – vision - the ability to provide leadership and to
understand the problems of our profession regardless of the size of the firm, and area of practice.

After working some 40 years as a lawyer, practising family, criminal and general litigation in
South Western Ontario with my wife and partner Pascale Daigneault, I understand the challenges
facing all of you.

We have trained over a dozen articling students and are aware of the problems new lawyers face
entering this profession, along with the demands of raising children, and meeting overhead.

I have practised in every court in the province of Ontario. Throughout my career I have paid back
EDUCATION: the profession by pro bono and volunteer work. I have participated in Law Day, fundraised for
• B.A., LL.B., UWO various charities including Crime Stoppers, Canadian Mental Health, as well as Big Brothers and
• Bar Admission LSUC Big Sisters. I was instrumental in forming a local theatre group of lawyers who staged plays, the
proceeds of which have all been donated to local charities. The positive feedback from this effort
APPOINTMENT/AWARDS: has convinced me of the need for our profession to participate in our communities.
• “Best Lawyers®”
• Honoree, OTLA Celebration of The demands of a bencher, particularly in discipline work, can be stressful and challenging.
Nobody enjoys this work, but we are self-regulated and the integrity of our system requires us to
Personal Injury Bar
handle this aspect of self-regulation wisely and honestly. In this regard I have in my two years
• Bruce T. Hillyer Award for
as bencher, participated as an Adjudicator on numerous hearings as well as pre-hearings. This
outstanding contribution to
experience has given me an in depth understanding of the problems facing our profession, and the
civil justice struggle faced by both young and senior lawyers to comply with the professions’ regulations and
• Lexpert® recognized in standards. I believe I have an appropriate sense of fairness to adjudicate fairly.
the area of personal injury
litigation Small and sole law firms are the backbone of our profession with the reality of the “Greying of the
• Certified Specialist Civil Bar”. LSUC studies show that lawyers practising in sole or small firms make up 52% of lawyers
Litigation in private practice and make up 94% of all firms in the province. As well 77% of the clients they
• Certified Specialist Criminal represent are individuals. Young lawyers continue to be attracted towards larger law firms in our
and Civil Litigation University centers. We must continue to reverse this trend in order to ensure that access to justice
• Small Claims Judge - Federal truly means access to all citizens regardless of location in Ontario. There must continue to be a
Human Rights Adjudicator coordinated initiative with LSUC, the OBA and CDLPA if we are expected to reach some balance
• Queen’s Counsel to this problem.

PROFESSIONAL In my career over the past several years, I have participated actively in the Legal Aid process
INVOLVEMENT: and fully understand how many of my colleagues serve the vital ends of justice by accepting
• Bencher Legal Aid work. The concept of “Access to Justice” in Ontario carries with it the fundamental
• Treasurer & President Lambton life blood of the Ontario Legal Aid Plan. The Provincial Government continues to struggle with
providing adequate funding to legal aid. If we are to preserve this system at an appropriate level
Law Association
of representation renewed efforts will be needed by our legal community. Despite legal aid
• Director Advocates’ Society
governance being outside of the sphere of the LSUC, we must continue to assert the Society’s
• Member of the Executive of
influence to address underfunding problems.
the Ontario Bar Association
• Director of Ontario Trial Studies show that women are more likely to give up private practice at an early stage of their
Lawyers Association career. Women however face significantly more challenges when they try returning to the
• Regional Representative profession. The LSUC should continue to take the lead in pursuing meaningful initiatives offering
Osborne’s “Access to Justice” women assistance in staying at the private bar.
Commission
I have arrived at a stage of my career when I can afford the time and the considerable effort
PRACTICE: required to fully participate in the work of a bencher. I promise if re-elected to bring forward
• Civil Litigation with honesty, imagination and enthusiasm on your behalf. Thank you for the privilege of serving you
Fleck & Daigneault for the past two years.

ENDORSEMENT Bencher Service (Committees)


• Lambton Law Association Professional Regulation (Vice Chair & Chair), Access to Justice, Tribunals, Finance, Inter-
jurisdictional Mobility, and LSUC representative to Library Co. and to the Ontario Bar
Association.

24
Jennifer A. Halajian Central East • Centre-Est
Newmarket
So who would have thought I’d be elected as a Bencher four years ago? Certainly not me. I
wasn’t from Bay Street. I didn’t have a lot (any really) money to spend on my campaign. I
was too young. I was not connected to anyone important.

So when I was asked how I did it, my only explanation was that I must have been the protest
vote. People voted for me because, well, I wasn’t from Bay Street. I didn’t have a lot of
money. I was young. And I wasn’t connected to the important people. I represented change.
Those who voted for me, I assumed, were as disengaged as I was from the Law Society and
what it stood for.

Other than not being quite so young, I’m still that person. But let me tell you, change is hard.
And when people don’t want or are afraid of change, they can dig in their heels and refuse
• Elected Bencher (2007 to
to budge. So I learned early on that my approach would be to pick my issues, and not be that
present)
one who speaks up on every single thing. But when I spoke, I would speak for the lawyers
• Called to Ontario Bar (1999)
that I worked with every day. For those who did not exactly welcome the thought of another
• LL.B. from University of
Law Society audit. For those who needed to use agents for some of their court appearances.
Toronto Law School (1997)
For those who thought we should, on principle, have a completely different oath than the
• MBA in Marketing and Small
paralegals. For those who now must compete against paralegals for clients. For those who
Business from York University
wouldn’t appreciate raising the fees paid to the board members at LawPRO, while they were
(1992)
writing the cheque to cover their own insurance. I wasn’t often successful. But I always tried
• BA(Hons) in English Literature
to voice what I thought the lawyers I knew would say on those issues that affected them.
and Commerce from
University of Toronto (1990)
I also learned early on as a bencher that many of my colleagues did not openly embrace the
• Assistant Crown Attorney
new generation of lawyers that I represented. A new generation that needed to have a voice at
(Newmarket) (2008 to
the Law Society if it was to continue to represent us. But also a generation that didn’t have a
present)
chance if the face of Convocation remained the same. A fellow bencher recently told me that
• Previously:
the reason young lawyers didn’t run for election was because they were too busy starting their
Sole Practitioner based in York
practice and their families to be interested. I corrected him as politely as I could – the reason
Region specializing in Criminal
young lawyers didn’t run was because they saw the Law Society as impermeable and the
Law (2005 – 2008)
bencher election as unwinnable. I don’t think I made many friends at Convocation the day I
Assistant Crown Attorney pointed out that the Law Society had become irrelevant to my generation of lawyers, and even
(Metro North) (2000 – 2005) more so to the generations after me. Change is hard. But it is also necessary.
Associate at Goodmans LLP
(1999 – 2000) If I’m elected again, I’ll continue to speak up when it’s important. I know now that I can’t
make any promises about what I will be able to accomplish. I may not be able to accomplish
Summered and Articled at
much. But I will listen. And I will speak up, no matter how cold the room suddenly becomes.
Blake, Cassels & Graydon
I’ll even use my mother’s sense of guilt to, at least, try to point my colleagues in the direction
(1996 – 1998)
I believe the membership wants us to go. If I’m not elected again, that’s fine too. I won’t miss
the wine cellar or the meals because I rarely stay for them anyway. I just hope, though, that if
I don’t return, I’m replaced by others who speak for the future - for me and my peers - and not
the status quo.

25
Susan M. Hare Northeast • Nord-Est
M’Chigeeng
You have given me the great honour of serving as a bencher for the first time, over the past
four years. I thank you. I ask for your consideration and vote again in this year’s election.

I am an Ojibway lawyer, with a small practice on the beautiful Manitoulin Island in northern
Ontario. I run a general practice with one associate, a young lawyer who moved up north
from Toronto. My practice focuses on Aboriginal law, criminal law, adjudicatory work and
other areas of law associated with a small northern community.

I believe I bring a facet of diversity to Convocation which is increasingly reflective of our


profession. That is what I see when I attend the many Calls to the Bar by the newest members
of our honourable profession.
Susan M. Hare is an Ojibwe woman.
Access to justice is so important and such access must be available to all parts of Ontario,
Ms. Hare’s practice on Manitoulin
no matter the size. That is one of the reasons I attended an Orillia conference sponsored by
Island in northern Ontario focuses
the Law Foundation of Ontario, which looked at precisely how a whole community could
on First Nations Law, Criminal
mobilize to provide access to justice in various ways, such as transportation to courts, inter-
Law, Child Protection, adjudicatory
agency collaboration and by distribution of current law information.
work and Indian Residential School
litigation. Her practice includes a
I strongly believe that the mentoring process in our profession should be a fundamental
junior associate who moved north
element as well, even after we begin practising. Lawyers practising as sole practitioners
from Toronto.
change their practices over time and may welcome a senior lawyer as a mentor for the new
field or simply as a friend to your practice. I would like to work towards making mentoring
Ms. Hare served as an Adjudicator
work for lawyers who would welcome such experience.
for the Ontario Government’s
“Grandview School for Girls”
The importance of maintaining self-regulation and keeping an independent bar in Ontario is
Settlement Process and provided
fundamental to the profession being able to continue to represent effectively the citizens in
the Ontario Government with an
this province.
evaluation regarding the aboriginal
perspective. Ms. Hare was also a
Over the past four years, two of the highlights at Convocation have been the adoption of nine
Senior Adjudicator for the Indian
recommendations to enhance the retention of women in private practice and the assumption of
Residential Schools Adjudication
regulation of paralegals. These were important directions for Convocation and decisions not
Secretariat, Canada.
taken without the usual fulsome and challenging debates.
Ms. Hare established a Legal
I fully believe that our profession is honourable, dynamic and continues to shape society.
Aid Advice Lawyer service
which attends at 14 aboriginal
During my term as bencher I have served on the Finance Committee, Professional
communities. Ms. Hare is a recipient
Development and Competence Committee, and on the Equity and Aboriginal Issues
of the 2003 Osgoode Hall Alumni
Committee. I also chair the Aboriginal Working Group, a volunteer group of Aboriginal
Gold Key.
lawyers who provide input from time to time. I have had the opportunity of working as
a LSUC representative on a provincial committee with the onerous name of “Advisory
Committee on Attracting New Child Welfare Lawyers” with its report released last fall. I also
had the opportunity to be appointed to a “Licensing and Accreditation Task Force” which
recommended mandatory law school courses to the Federation of Law Societies.

I will continue to work with other benchers on committees and task forces if appointed to do
so to further the regulation of our profession in a manner compatible with lawyers’ highest
aspirations.

26
Carol Hartman Northeast • Nord-Est
Sudbury
I was elected in 2007 and I am standing for re-election for a second term as a candidate from
outside Toronto.

During my first term as a bencher, I spent on average 3 to 4 days per month in Toronto on
Law Society business; my attendance record at Convocation and on Committees is near
perfect.

Over the past 4 years, it has been my pleasure and privilege to serve on the following
Committees, Boards and Task Forces:
• Chair of Finance Committee (2008 – present)
• Co-chair working group of the Finance and Audit Committees (2010 – present)
• Member of the Compensation Committee (2009 – present)
• Born, Sudbury
• Member of the Government and Public Affairs Committee (2010 – present)
• Called 1987
• Member of the Priority and Planning Committee (2010 – present)
• Partner, Miller Maki LLP
• Member of the Law Society Awards Committee (2009 – present)
(Sudbury)
• Member of the LL.D. Advisory Committee (2009 – present)
• Practice, family law
• Member of the Board of Directors of LibraryCo. (2007 – 2010)
• LL.B. Cum laude (Ottawa)
• Member of the Licensing and Accreditation Task Force (2007 – 2010)
Professional Activities:
In Convocation, I participated in the following Law Society initiatives:
• Member of the Sudbury
• Advocating and voting for the recommendations to enhance the retention and
Law Association; Canadian
advancement of women in private practice, including the establishment of the parental
& Ontario Bar Associations;
leave program for sole and small firm practitioners.
Women’s Law Association of
• Lobbying and voting to continue the articling requirements for candidates seeking
Ontario and The Advocates’
admission to the Bar.
Society
• Lobbying and voting for a 12-year term limit for elected benchers.
• Member of the Bench & Bar
• Lobbying and voting for a continuing professional development (CPD) requirement of 12
Committee, Northeast
hours per year for practising lawyers and licensed paralegals who provide legal services.
Region, Sudbury (2003-2009;
• Advocating and voting for the report recommending that common law jurisdictions
1990-1995)
establish a uniform educational requirement for entry to their Bar Admission Programs
• Executive Member, County
(Canadian Common Law Degree).
and District Law Presidents’
Association (CDLPA) (1999-
I am seeking a second term because I want to continue my work at Convocation: there
2005)
are several important initiatives that I would like to see to completion:
• President, SLA (1995-1996)
• Editor in Chief,
Priority and Planning: Following the upcoming election, Convocation will establish its
SLA Newsletter (1989-1993)
priorities and initiatives for the next four year term.
Community Activities:
Finance: This year the Committee began a review of the nature and use of Law Society fund
• Chair (2008-2010) and
balances and will be developing further policies with respect to the use of the fund balances.
Director (1999-2010)
Sudbury Regional Hospital
A working group of the Finance and Audit Committees was recently struck to review the roles
• Member, Governance
of the two Committees.
Leadership Council, Ontario
Hospital Association
Unbundling of Legal Services: Unbundling, also known as limited scope retainers, refers to
(2004-2007)
when a client retains a lawyer for only part of the client’s legal matter; the client is otherwise
• Director, Family Enrichment
self-represented. The current Rules of Professional Conduct do not specifically address
Centre (1995-2009)
limited retainers or unbundling of services. Sometime in 2011, Convocation will receive a
• President CKLU 96.7 FM
report with respect to a call for input on proposed amendments to the Rules of Professional
(Laurentian University
Conduct with respect to limited legal representation.
Studio and Community
Radio Station) (1995-2000)
Having practised law in Sudbury for 24 years, I have a good understanding of the needs and
concerns unique to practising in the North. I also have an appreciation for the concerns of
lawyers throughout Ontario because of my involvement with Provincial organizations and
associations. Knowing what members need makes it possible for me to be an effective voice
in Convocation and to ensure lawyers are governed in the public interest.

I respectfully seek your support for re-election.


27

Please feel free to contact me at hartmanc@millermaki.com


Katherine I. Henshell Central West • Centre-Ouest
Burlington
WHY I AM RUNNING
I strongly believe in the legal profession’s privilege to self-govern; a fair and decisive regulating
committee maintains the high standards in the profession and addresses public interest concerns.
My commitment to education together with my strong work ethic will enable me to make a positive
contribution to the governance of the profession.

MY POSITION ON THE ISSUES


PARALEGAL REGULATION
We are fortunate to have the authority to provide oversight over the regulation of paralegals. Maintaining
high standards for educational requirements, licensing exams and prosecution for the unauthorized
practice of law is essential to ensure that the public is fairly and competently represented.
LEGAL EDUCATION
In 2004, I established a civil We all know the value of continuing legal education. Creating viable methods of access to CLE courses
litigation law firm in Burlington and materials is fundamental for sole practitioners, small firms and practitioners in rural areas. Approving
CLE accredited programs needs to be creative to not only include accredited courses for legal education
specializing in debt enforcement
but the provision of legal services to meet individual client requirements such as language and culture.
and recovery services. I mentor Access to continuing legal education plays a key role in the professional development of lawyers. The
a junior lawyer and together we Law Society needs to engage members of the legal profession to strive for greater knowledge in their
represent banks, companies and areas of practice.
government agencies to collect
RETENTION OF WOMEN IN THE PROFESSION
unsecured debts.
The retention of women in the profession is a concern. When appearing in court, I have often noticed that
I was the only women lawyer in the room. The practice of law needs to be balanced with maintaining a
I teach Debtor/Creditor law in healthy family life. The Law Society needs to be committed to offer valid options that enable women the
the paralegal program at Sheridan opportunity for job/financial security while promoting the importance of raising a family.
College. I have been a speaker on
LEGAL REPRESENTATION IN RURAL COMMUNITIES
the topic of debt enforcement
The profession is aging in rural communities and younger lawyers are not present to fill the gap. The
for the Halton and Hamilton Law Society is addressing this issue and the members of the profession need to maintain involvement
Law Associations. Moreover, I in achieving solutions. I support the Law Society’s efforts to date. Additionally, strategic partnerships
have spoken on the topic, “From with local governments can be formed to offer initial rent and business incentives to younger lawyers so
running a business to practising as that the members of their community can receive legal services while the younger lawyer builds their
a professional” for the Paralegal practice. Moreover, a mentorship program can be utilized to provide the younger lawyers with assistance
Society of Ontario. in running a general practice.
FISCAL PRUDENCE
I was raised on St. Joseph Island in The Law Society needs to regularly review its budget to ensure accountability to the profession. It must
Northern Ontario and moved to diligently and creatively search for ways to reduce the cost of insurance and membership fees.
Toronto to attend York University
LEGAL AID
and Osgoode. I currently reside in The Legal Aid system eligibility criteria of the financial component needs to be increased to ensure
Burlington with my husband of 12 that the public can be the represented by a lawyer of their choosing. The Law Society needs to become
years. engaged to ensure that the public truly has access to justice.
ACCREDITED COURT INTERPRETERS
The Law Society needs to become involved in the system for approving or granting accreditation to court
interpreters to ensure that a fair and accurate translation is given of a witness and/or an accused party’s
testimony. We need to ensure the existence of a system which promotes credibility and accountability
for justice and the public interest. We need to cultivate a system to address the current shortage of
interpreters.

EXPERIENCE AND TRAINING


York University (B.A.) Political Science
Osgoode Hall Law School LL.B., LL.M.
Collège Boréal – French as a Second Language – Advanced Level
Served as Member of the Program Advisory Committee for Sheridan College
Professor of Debtor/Creditor Law for Sheridan College
Past Chair – City of Burlington Crime Prevention Committee
Called to the Ontario Bar in February 2002
Member of Halton and Hamilton Law Associations

VOLUNTEER PROJECTS
Careforce International – New Orleans – November 2005
Habitat for Humanity – New Orleans – May 2006
Habitat for Humanity – Gliwice, Poland – August 2009

28 ENDORSED CANDIDATE OF THE HALTON LAW ASSOCIATION


John L. Hill Central East • Centre-Est
Cobourg
I am a sole practitioner in Cobourg, Ontario with a practice devoted to Prison Law. With this
specialty and being a member of the executive of the Northumberland Law Association, three
major issues emerge that deserve Law Society attention in the coming years.

A. Access to Justice

Legal Aid Ontario is not presently funded on a sustainable basis. The recession and its impact
in the decrease of Law Foundation funds going to Legal Aid has resulted in the loss of about
$10 million. The agency is cash strapped at a time when legal representation of the financially
vulnerable is crucial. The Law Society no longer administers Legal Aid but it does appoint
members to its Board of Directors. Those directors ought to ensure that access to justice is not
dictated by economic fluctuations. Stable and sustainable funding for Legal Aid is necessary.
Education
Negotiations between Legal Aid Ontario, the Law Society and the Provincial government
Triple graduate of Queen’s ought to be undertaken to replace the Law Foundation as the major source of funding for
University: B.A.(Hons), M.A. Legal Aid.
J.D. LL.M. in Constitutional Law
(Osgoode Hall). While unbundling legal service is intended to ensure affordable delivery of those services,
the Law Society ought to ensure that any new procedures do not involve pitfalls that could
Employment result in claims to LawPRO. If lawyers provide only partial services, few will be persuaded
to participate if, as a result, negligence claims become more prevalent. Extreme care must be
Articled in London, Ontario taken in bringing about this initiative.
with Siskinds
Taught correctional law at Queen’s B. The “Greying of the Bar”
and University of Windsor
Instructor in Administrative Law at Rural Ontario can expect to be particularly hard hit as older members of the profession retire.
Bar Admission Course The Law Society can assist by initiating measures that will attract younger members of the
bar to smaller communities. The Law Society could designate each County and District
Self-employed sole practitioner in Law Association as an articling principal or encourage the provincial government to appoint
Prison Law promising students as Law Clerks to Superior Court judges in rural areas. This would allow
new recruits to the profession the opportunity to work with a variety of lawyers in a variety of
practices making the case that one need not practise with the big firms in the big cities to have
Legal Aid a rewarding professional life.
Member of Criminal Law Panel
The Law Society could give greater emphasis to a mentoring program so that junior members
Member of Area Committee of the bar can offer quality service regardless of their locale. Setting up shop or joining a
Member of the Prison Law small firm would not be so intimidating if the new recruit was confident that expert advice
Advisory Committee was only a phone call away.

Community C. Financial and Democratic Responsibility


Executive of Northumberland
The addition of an additional 8% to the GST under the Harmonized Sales Tax has made a
County Law Association
significant impact on fees charged to a client. Some firms are simply “eating” the increase
A founding member of the resulting in a lower profit margin at year end or passing the increase on to clients who will be
Canadian Prison Law Association less inclined to seek professional legal help. The Law Society ought to have sought exemption
Speaker at several international from the HST when it was proposed and ought to seek a commitment from the various
conferences of the Association of political parties in the upcoming provincial election to have the tax rescinded.
Law and Mental Health The Law Society should work diligently to ensure that the cost of CPD programming is kept
Committee to establish an off-leash to a minimum. Professional development courses are aimed at ensuring a lawyer’s knowledge
dog park in Port Hope and practices are kept up-to-date. It is a protection to ensure the public is well served by the
legal profession. It should not be allowed to become a profit centre for the Society.
Personal
Benchers from each of the regions ought to meet regularly with the local law associations
Resides with wife Roxann and dog in their region so as to continuously audit concerns of the local bar. The Law Society
“Judge” in Cobourg seeks member comments at bencher elections. Wouldn’t it be better to have year-round
consultation? I envisage annual “town hall” meetings of the local law associations to meet
with the regional bencher to keep that bencher attuned to issues as they arise.
These are only a few of the issues that will arise during the term in office of the newly elected
benchers. I look forward to discussing issues with you in future. I ask for your support.
29
Jacqueline Horvat Southwest • Sud-Ouest
Windsor
I am running for bencher because I have the knowledge, the judgment, the temperament, and the
discipline to make a positive contribution to the LSUC and our profession. Further, I believe I can bring
a fresh perspective and offer creative ideas given the stage of my career and my background to ensure
that our governing body remains vital and forward-thinking. If elected, I will strive to be mindful of the
barriers that cause some lawyers in the profession to continue to feel as though they have little or no
voice. These barriers include: gender, ethnicity, language, and geographical location.
As a self-governing body, the LSUC must do all that it can to enhance access to justice and to foster
and maintain a positive image of the profession. The following are some issues that have my focus and
attention:

LAWYERS FEED THE HUNGRY


I applaud the work of those responsible for this wonderfully generous, worthwhile program and its more
Associate Partner: recent expansion into Ottawa, London, and Windsor. I encourage the LSUC to support the initiation of
Sutts, Strosberg LLP similar programs in communities all across the province.

ACCESS TO JUSTICE
Born and raised: One of the core values that the LSUC must promote is greater and more affordable access to legal
Windsor, Ontario services for the public, regardless of income bracket or geographical location. We must ensure that
the legal system works for everyone by supporting sole practitioners and small firms, as well as
Called to the Ontario Bar: those lawyers who dedicate their practice to public interest and pro bono work. The LSUC must also
2002 encourage increased funding for Legal Aid.

LL.B.: University of Windsor CONTINUING EDUCATION


(2001) The LSUC must ensure that all lawyers called to the Bar of Ontario are competent to practise. Lawyers
cannot otherwise even hope to bring honour to the profession. To this end, the LSUC must provide
continuing education programs that are creative, affordable, and readily accessible. The competencies
Litigator: and values taught must include practice management, professional ethics, and civility.
Class Actions
Corporate/Commercial ARTICLING AND THE LICENSING PROCESS
Bankruptcy and Insolvency More than 1,100 law graduates are called to the Bar of Ontario each year. Yet the LSUC, for all its
Counsel to the former Attorney efforts, has not been able to generate enough articling positions to meet students’ needs. The LSUC must
General for the Province of search for genuine solutions to the articling crisis if we are to be true to our duty to uphold the public
Ontario at the Ipperwash Inquiry interest and guarantee that the next generation of graduates is competent to meet the challenges of an
Appeared before the Court of ever-changing profession.
Appeal for Ontario, Divisional One option the LSUC might consider is to supplement the licensing process with training courses
Court of Ontario, Ontario geared to graduates who wish to practise as sole practitioners, or who wish to commit their careers to the
Superior Court of Justice, public interest. Another option is to establish a formal network to help graduates connect with smaller
Manitoba Court of Queen’s Bench communities or to place them in public-interest organizations.
and Registrar in Bankruptcy
DIVERSITY
I support and applaud the efforts that the LSUC has made in recent years to encourage diversity in
Member: our profession. If elected, I will continue to promote those initiatives to ensure our profession is more
Essex County Law Association reflective of our diverse province, including expanding opportunities for minorities and for women.
Intellectual Property Institute of
Canada (IPIC) LAWYERS IN SMALL FIRMS AND COMMUNITIES
Registered Canadian Trade Special treatment should not be afforded to any member of our profession. So, too, the LSUC must
Mark Agent support and treat equally all lawyers in every region of the province and regardless of firm size.
The Advocates’ Society Still, smaller communities are facing a real threat to access to justice, given the aging of the Bar in
communities outside the large metropolitan areas. The LSUC must create and promote incentives to
encourage younger lawyers to relocate to smaller communities.
Activities:
Board Member of House of FISCAL ACCOUNTABILITY
Sophrosyne (residential treatment The fees charged place a financial burden on many members of our profession. We must ensure that the
program designed to assist LSUC works efficiently while avoiding unnecessary bureaucratic expenditures and unduly high fees.
women with addictions)
Member of IPIC Litigation, TECHNOLOGY
Competition Law and Young As a profession we must keep pace with the withering pace of technological change. The LSUC can and
Practitioners Committees must lead practising lawyers to stay, or to become, current in the technology. Lawyers will benefit in two
ways: their practices will be more efficient and profitable; and they will be alive to the machinations of
those who hope to perpetrate fraud by technological means.

FOR FURTHER INFORMATION, PLEASE VISIT WWW.JACQUELINEHORVAT.CA

30
Randall V. Johns Northwest • Nord-Ouest
Thunder Bay
The graying of the bar outside of the golden horseshoe is a major access to justice issue. The
public face of the bar in most of the province is presented through small firm and sole practice
lawyers. This group is aging and not being replaced. On the other hand, we are told there is a
surplus of new graduates who cannot find articling positions.

The Law Society, to its credit, has taken several steps to address this problem. It needs to
keep working on solving the interrelated problems of both these groups. If these issues can
be solved the public will continue to be well-served by the profession and our members will
enjoy the opportunity to earn a living from the practice of law. If they can’t, access to justice
will certainly become an even greater problem than it is today and a wealth of legal talent will
be under or un-used.
Sole practitioner since 1997
Lack of access to justice also arises due to issues such as the ongoing failure of the
Currently in association with
government to adequately finance Legal Aid. The costs of the process are too high and most
two other soles
working people, who don’t qualify for Legal Aid are, effectively, left to fend for themselves in
Formerly partner in a five
a complex, time-consuming, unsatisfying legal process.
person firm
The increasing complexity of the process is also making it less and less available to the
EDUCATION
middle class. While civil justice reform has led to substantial improvements through the
Graduate of U of T Law School,
increases in Small Claims Court limits and the adoption of the Simplified Rules, additional
1977
layers of process in the area of matrimonial law are resulting in clients running out of money
Called in Ontario, 1979
by the time their cases reach Case Conference.
Chartered Accountant, 1981
Both the underfunding of Legal Aid and the increasing complexity of the litigation process
PROFESSIONAL
are increasing the numbers of unrepresented litigants. This makes it more difficult and
INVOLVEMENT
expensive for matters to proceed. The problem is exacerbated by the Bench’s tendency to
Long time member Thunder Bay
allow even outrageously unreasonable unrepresented parties their “day in court”. Represented
Law Association Board
litigants come to realize that they may, in fact, be at a disadvantage. This realization brings
of Directors
the administration of justice into disrepute. The Law Society needs to be in the forefront of
Past president Thunder Bay
helping to develop alternatives to the status quo.
Law Association
Chairman, TBLA Continuing Legal
The Law Society also needs to reconsider its ideas regarding the delivery of continuing
Education Committee Real
education. While the requirement for mandatory continuing education is a competence issue
Estate Section
which falls squarely within the Society’s mandate, the nuts and bolts of program offerings
Member Ontario Institute of
might more profitably be left to other organizations which may be as well or better positioned
Chartered Accountants
than the Law Society to deliver relevant, cost-effective continuing education programs. The
Society ought to focus on its mandate and leave other issues, particularly issues which are
PRACTICE AREAS
being adequately addressed, to others.
Family and civil litigation
Corporate law
The Law Society has made some real strides in addressing gender issues. These need to be
Residential and Commercial
continued and broadened. The majority of law students are now female and this has been the
Real Estate
case for some time. It is in the public interest to ensure that those who we educate remain
engaged throughout their working lifetimes in delivering to the public the services for which
they were trained.

There is no shortage of issues. They will need focused thought and innovative ideas.
Please read the candidates’ statements, think about what they have to say and vote on
April 29th.

31
William C.V. Johnson East • Est
Ottawa
The practice of law is a rare privilege, but the pressures facing today’s practitioner are many and
varied. As a long-time solicitor, chartered accountant and educator in the Ottawa legal community,
most recently as senior counsel with Borden Ladner Gervais LLP, I believe I have the common
sense and experience to effectively serve as your bencher.
The betterment of the profession has always been an important part of my practice, whether as a
mentor to young lawyers or in building the profile of the local bar. For more than 25 years, I have
taught, and continue to teach, professional responsibility and ethics in the Faculty of Law at the
University of Ottawa. I have served as President of the County of Carleton Law Association, Chair
of the Dean’s Advisory Council for the Faculty of Law at Queens University, organizer of the
Centenary Celebrations of our CCLA and editor of the history of the CCLA, The First Century.
In 1993, I was founding Chair of the Montebello Solicitors Conference, providing a venue for
solicitors to discuss important issues in their practices. I have served as Treasurer of the Thomas
• Borden Ladner Gervais
More Lawyers Guild. In earlier years, I taught business law in the Bar Admission Course and tax
partner and senior counsel, law at Carleton University. In 2002, the CCLA was kind enough to award me the Carleton Medal
1988 - 2010 in recognition of leadership and service to the local bar.
• Chartered Accountant
• Current Adjunct Professor What I stand for:
in Legal Ethics, University of
Ottawa Integrity
• Past President and Trustee, I believe we share a great profession and that we can, and should, shoulder more than our fair
County of Carleton Law portion of the heavy responsibilities of service to our social, charitable, political and community
Association organizations. However, we must work harder as a profession to find ways to enhance the
• Founder of Montebello reputation of lawyers as committed citizens within our various communities.
Solicitors Conference I believe society benefits when the public is able to obtain the services of lawyers. Too often,
• Editor of the CCLA history, lawyers are thought to be outside the public’s reach. We have to work harder in building bridges to
The First Century, 1989 the public, widening our market in both small and large communities and rebuilding trust between
• Algonquin College Governor, ourselves and Ontarians.
Vice-Chair and
Chair Audit Committee Solicitors representation
• Past Chair, Dean’s Advisory Solicitors are traditionally under-represented in the councils of the Law Society. With retirements,
Council, Queens University, the East region will have no bencher solicitors and, elsewhere in Ontario, there are only a few
Faculty of Law bencher solicitors. This is unhealthy for our profession. A large portion of Law Society Regulations
• Past President, Ottawa East and By-laws deal with solicitor matters. Solicitors should be heard, loudly and strongly, on these
Community Association matters.
• Past President, Estate Planning
Council Access
• Past Treasurer, Canadian I believe in sustainable legal aid in our criminal courts, family courts and tenant tribunals, as
Foundation for Refugees lawyers’ services in those places are essential to the rule of law. I believe lawyers offering those
• Past Lecturer in tax law, essential services must be properly compensated. For similar reasons, I believe there is a place
for paralegals in Ontario’s legal system and that paralegals should be licensed to practise only in
Carleton University
those areas in which they are fully competent. However, the process of licensing paralegals and of
• Recipient of CCLA Carleton
testing their competence has to be improved. And the line between lawyers and paralegals has to
Medal, 2002
be made brighter.
• Recipient of Excellence in
Teaching Award, 1996 Access is not just about the services provided; the legal profession should reflect the public it
• Graduate of Queens (Law) and serves. We must work harder to find ways to make our profession more representative of the racial
McGill (Commerce) and cultural diversity in our communities. We must strengthen our efforts to find ways to more
• Married (Susan), son (Mark, fairly recognize and retain women in the practice of law. And, while family responsibilities still
lawyer), daughter (Karen, fall disproportionately to women, finding a space for family in the practice of law is an issue for
nurse) and three grandchildren all of us.

Professional issues
I strongly believe in the value of technology and of continuing education in our practices.
However, the Law Society has to work harder to find ways to make technology and continuing
education less costly and more convenient for lawyers.
I believe the Law Society can be more effective in consulting lawyers. The role of the Law Society
and its new initiatives, most recently the Continuing Professional Development program, must
be made clearer. The Law Society has to work harder to consult with you, its members, before it
launches new programs and takes positions on your behalf.

32 I would be grateful for your support.


Marvin Kurz Central West • Centre-Ouest
Brampton
Who I Am
I am a family, civil litigation and human rights lawyer who has practised for over 27 years. I am
a partner in a diverse seven lawyer firm in Brampton. I have practised in both small and medium
sized firms, in each of Toronto and Brampton.

I have served the profession in a variety of capacities. I am a three term member of the board
of the Peel Law Association (PLA). Over the past decade, I have helped organize and present
many well received and cost effective CLE programmes. I have joined with fellow Peel family
law practitioners to establish and lead the PLA Family Law Committee. That body gives family
lawyers a long needed “seat at the table” in discussions with the local judiciary, administration and
political powers that be. It also offers networking and mentoring opportunities for young lawyers. I
helped establish the Dispute Resolution Officer programme in the Brampton Superior Court. I have
Partner, Dale Streiman and
been a member of numerous legal and community boards and organizations, from the League for
Kurz LLP, Brampton Human Rights of B’nai Brith Canada, to the local bench and bar committee, to Access Education,
a charity raising money to build schools in rural Guatemala. I am both a small claims court judge
University of Windsor Law, and a dispute resolution officer.
1981
I’ve practised family, civil litigation Why I am Qualified
and human rights law for twenty- Having enjoyed a wide ranging practice, I understand the challenges of a legal career in a variety
seven years; appearing before of venues. I am committed to protecting and promoting practices in smaller firms and in venues
tribunals, courts, and commissions outside Toronto. As a volunteer, I have contributed to a variety of volunteer legal and community
of inquiry across the country. boards. I am committed to diversity in the practice and have practised what I preach in my
own firm and community. I feel that I have acquired the skills and experience to help tackle the
Highlights: constantly emerging challenges of modern legal practice.
• Peel Law Association (PLA)
executive (3 terms) Why I am Running

• PLA Family Law Committee I have long felt that new voices are needed at Convocation; voices that reflect jurisdictions, like
(founding member and chair) Peel, that straddle the larger and smaller town practice. I have seen the Law Society expand to
become an outsized and often impersonal organization; one that sometimes forgets its core role of
• PLA continuing legal education regulation to protect the public and improve the profession. Willingly or not, it has moved into the
committee (chair) role of regulating paralegals as well as lawyers, while regrettably blurring the distinction between
• Organizer and speaker at its various “licence” holders. While I feel that it is vital to raise the standards of proficiency and
numerous professional and civility of the profession through education and regulation, it is also vital to have an emphasis on
community legal and human helping the honest and competent practitioner. Discipline is an important role for the Law Society,
rights conferences but in protecting the public, discipline must be administered with scrupulous fairness as well as
rigour.
• Civil Justice Reform (Osborne)
Commission Advisory What Issues Concern me:
Committee
I am running because I believe that I can make a difference to the profession in many of the issues
• Attorney General Family that concern us. They include:
Justice Improvement Expert
3 Limiting the scope of paralegal practice and the notion that paralegals have joined lawyers
Advisory Committee
in the coterminous status of “licensees” and practitioners of law. I particularly oppose the
• Small Claims Court judge movement to expand the scope of paralegal practice to include real estate and family law;
• Dispute Resolution Officer 3 Working to ensure that the discipline process is fair to all, including a reduction in the time
• National Legal Counsel, B’nai that the Law Society takes to respond to complaints against lawyers;
Brith League for Human Rights 3 Encouraging diversity and equity in our profession, including women, aboriginals and other
minorities;
• Office of the Children’s Lawyer
Panel (1983-2009) 3 Young lawyers, particularly in small and solo practice, need mentoring and support;
3 Advocating for a robust system of legal aid that allows lawyers to make a proper living and
ensures the public’s access to justice;
3 Allowing the unbundling of services; this is an access to justice issue for those who cannot
afford the “full monty” of legal services. It is one answer to the crisis of unrepresented
litigants. Clear and reasonable rules must be provided to lawyers willing to provide these
necessary services;
3 Fiscal responsibility by the Law Society, including holding the line on bureaucratic expansion
and increasing fees;
3 Making your benchers accessible and accountable to you. 33
Michael M. Lerner Southwest • Sud-Ouest
London
I am a partner in the London office of Lerners LLP. I began practice in 1974 as a sole
practitioner in a one-man branch office, conducting a general practice that serviced a diverse
client base from various ethnic, religious and economic groups with exposure to criminal,
civil, family, real estate and wills and estates matters. Since 1988, I have been located in
Lerners’ London office practising as a litigation partner. My practice is currently focused on
commercial litigation and administrative matters. I was recently appointed a Vice-Chair of the
Ontario Human Rights Tribunal.
In the past, I have had the privilege of serving in a number of leadership capacities including
President of the Middlesex Law Association, founding member of the local Ronald McDonald
House and President of the local neighbourhood association. I currently serve on the Board
of Directors of the London Health Sciences Centre and as Chair of the Children’s Health
• University of Western Ontario, Foundation.
Bachelor of Arts (1967)
Convocation and benchers are at the confluence of the interests of lawyers and the public. The
• University of Western Ontario, Law Society must be able to serve the interests of both. Its principal mandate is to ensure that
Bachelor of Laws (1972) practising lawyers are competent and ethical and in doing so, the public is well served by the
• Called to the Bar (Ontario) profession. It is imperative that every citizen of the province is able to approach any lawyer,
(1974) regardless of location knowing that he or she will be served by an individual of ability,
integrity and respect.
• Partner Lawyer, Lerners LLP
• Lecturer, Fanshawe College It is becoming increasingly difficult for sole and small firm practitioners to implement
a successful retirement plan. Graduates are attracted to the major centres and few have
• Merrymount Children’s any interest in locating in the smaller urban and rural communities. Accessibility to legal
Foundation services does not only mean affordable legal services, but also the opportunity and ability to
• Foundation for Gene & Cell consult a lawyer in close proximity to one’s home or business. Like medicine, it has become
Therapy increasingly difficult to find a lawyer in some parts of the province without having to travel a
• Past-President, Masonville great distance. In its responsibility to the public, the Law Society ought to consider ways in
Ratepayers Association which to encourage lawyers to locate in the under serviced areas of the province. To assist in
doing so, I would ask the Law Society to establish a service where senior practitioners on the
• Counsel, Royal Canadian verge of retirement can be matched with those who might be interested in carrying on their
Legion Poppy Fund established practice.
• Past-President, Canadian Club
I firmly believe a legal education needs to include more practical aspects of the practice of
of London
law. As part of their training, medical students are given substantial practical experience.
• London Humane Society Similar experiences ought to be an integral part of a basic legal education and new courses
• Middlesex Law Association, need to be introduced at law schools for this purpose.
Member President 1988 I am distressed that the public at large does not appreciate the significant contribution lawyers
• Ronald McDonald House make to community and charitable organizations. I would dare to say that if every lawyer
Advisory Board involved in those organizations across the province withdrew his or her services from these
• Advocates’ Society organizations, life as we know it would come to a standstill. Other professions have made
efforts to acquaint the public not only with “what they do”, but also “who they are”. I would
• Canadian Bar Association support a public awareness program that emphasizes the invaluable contributions that lawyers
• Board Member, London Health make in enhancing life in our communities.
Sciences Centre
There is a continuing need to ensure that an effective mentoring program is in place for new
• Chair, Children’s Health lawyers and that we continue to seek opportunities for young lawyers to practise and develop
Foundation their skills. It has become increasingly difficult, if not impossible, for every law school
• Lecturer, UWO Law School graduate to secure an articling position. Diverse and unique opportunities need to be explored
to ensure that every new call to the Bar has the ability to gain the practical experience needed
• Vice-Chair, Ontario Human
to serve the community with competence and integrity.
Rights Tribunal
• Outstanding Young Londoner Last, although somewhat trite, it is imperative that we continue to be mindful that self-
1984 governance is a privilege. To not serve the public competently and honestly, creates a serious
risk that we will no longer be able to independently self-govern. Voting for me will ensure
that we continue our efforts to regulate in the public interest while solidifying a positive
public perception of our profession.

34
Valentine Lovekin Central East • Centre-Est
Newcastle
Background
My long-standing passion for legal practice was sparked initially as a youth touring Osgoode Hall. Once
actively engaged in the pursuit of a legal education, my articling principal and mentor (former Treasurer
Laura Legge) further influenced my career path with her infectious passion for not only the practice of
law but also the governance of the profession for the public good. My interest in broader community
affairs has also been lengthy. Over the past 20 years I have volunteered my time with Boards to address
issues ranging from healthcare to business and community building to personal finances.
My legal experience over the years comes from working within a small firm and as a sole practitioner
in urban, suburban and rural environments. This diverse experience has taught me that the law and the
challenges of practice are consistent throughout Ontario but the opportunities and limitations facing
lawyers vary widely within these different operating contexts.

Education Why run?


Called to the Bar 1992 My background, experience and community involvement are a natural fit for taking on the new
Graduated York University challenge of shaping the governance of the legal profession by running as a sole practitioner in the
(Osgoode) Central East District.

Graduated Trent University I believe I bring all of these elements together in my candidacy and have a solid track record of
(Honours BA) responsible stewardship for all my professional and personal interests over many years of service.

My approach
Key Community Work
Lakeridge Health Board of Trustees; I believe that the Law Society should not be governed by benchers that possess special interest or bias,
but be led by fair-minded and objective lawyers who have practical and varied experience, those who
Toronto Parking Authority,Vice excel in finding common ground and building relationships and those who recognize opportunities for
Chair; the advancement of the profession in the public realm. My interests include:
Credit Canada, Past President; Communication
Newcastle Business Improvement I would be committed to consulting with the County and District Law Presidents’ Association, the local/
regional law associations and other key stakeholders to ensure that the Law Society understands our
Association President;
challenges and that we understand the Law Society’s practices.
ShareLife, Corporate Fundraising
Public Confidence
Campaigner;
Lawyers can be tireless advocates for clients and still be remarkably retiring about themselves. As a
Covenant House of Toronto, Duty result, there is a gap between the public perception of lawyers and the reality of members’ professional
Counsel, Community Support; and community lives. As a group, we have tried to earn public confidence by raising professional
standards which has a positive impact on the quality of the Bar; but the Law Society can also be the
Clarington Taskforce for attracting tireless advocate of the profession by raising awareness of how the profession serves the public.
Higher Education; 2008-2010
Access to Justice
Newcastle Community The staggering number of self-represented litigants in the court system is evidence that many Ontarians
Improvement Plan Steering have challenges accessing even minimal legal representation. These litigants are a burden to the system
Committee; 2007-2008 by using a disproportionate amount of court time. Improved funding for Legal Aid and access to reliable
Clarington Board of Trade, information about the litigation process are two ways in which the Law Society can assist in addressing
this concern.
Director; 2005-2006
John Milton Society for the Blind in Law Libraries
The Great Library is one of the treasures of the Profession. Every effort must be made to enhance
Canada, Director, 1996-2004;
remote access and to make the collection available to all members, wherever they are in the Province.
St. John Ambulance Brigade,
Division Superintendent; Future issues
1991-1995 I believe that priority must be given to the following areas of focus:

Endorsed by Durham Region Civil Legal Needs


Civil case funding such as funding for estate disputes is essentially unavailable. The injustice of non-
Law Association
representation will only increase if funding opportunities are not created to satisfy civil legal needs.
Interests Limited Scope Retainers
The Law Society can take a leadership role in promoting the use of Limited Scope retainers and in
Cavalry Squadron, Governor developing templates for adaptation by the Bar to ensure that members and the public are clear as to the
General’s Horse Guards (riding) profession’s duties when delivering services in this way.
Local History of Clarke and Over Supply of Professional Licences
Darlington In 2011, there will be approximately 250 more lawyers licensed than there will be employment
opportunities. Paradoxically, in rural areas there is a mounting crisis where the demographic of the Bar
is aging and the work demands are climbing. We must control numbers and ensure that new licensees
have the skills necessary to be ready for the opportunities that exist throughout the province. 35
Joan M. MacDonald Central South • Centre-Sud
Hamilton
Your Regional Voice
At the Law Society of Upper Canada
As a sole practitioner, I am seeking your vote as a new bencher. I have dedicated my career to the
legal profession that has been so good to me and will continue to take an active role if elected.
I have had a long and interesting career in both the legal profession and as a community leader. I
passionately advocate for social justice and justice in the court room. That motivates my decision
to become a bencher.
Accountability – I am a sole practitioner
Like many of you, I have carried on my practice as a sole practitioner. This means, of course, that
I am concerned about the role of the Law Society in prudently and transparently managing its
Professional Activities fiscal responsibilities. This is certainly a key issue for our profession during this time of economic
upheaval. During my time as a trustee with the Hamilton Board of Education, I oversaw, with my
OBA Director 2000; 2010 colleagues, the establishment of financial accountability and tendering controls and policies. This
Co-Chair Feminist Legal Analysis is invaluable experience, which I will bring to my work as a bencher as we strive to operate within
Committee 2010-2011 disciplined and rigorous budgetary constraints.
Award for Distinguished Service 2002
Struggle to retain women
Ontario Trial Lawyers
Association My perspective has been deeply influenced by the fact that my introduction to the legal system was
Founding Director 1991-2003 as a legal secretary and law clerk. After more than a decade in this role, I earned my way through
Inaugural Chair, Women’s Caucus law school at the University of Western Ontario to be called to the Bar in 1988.
1998 It was during these years that I chose to champion women’s rights and equity issues across the
Distinguished Service Award 2004 justice system. In April 1991, former Justice Bertha Wilson told the CBA she would undertake a
Association of Trial Lawyers two-year Gender Equality Study. Ellen Anderson observed in her book, Judging Bertha Wilson –
of America Law As Large As Life, that “Wilson gives MacDonald the entire credit for getting the ball rolling
First Canadian Chair, at an absolutely crucial point in the task force’s mandate.” To this date the struggle continues to
Women’s Caucus retain women in the profession, despite the fact that more than 50 per cent of new graduates from
First Governor for Ontario law schools are women.
Marie Lambert Award of
Passionate commitment to the law and social justice
Distinction/Women’s Caucus 2005
Women’s Law Association of I have been a member of the CBA and OBA for several decades, served on numerous committees
Ontario since 1990 within these organizations and remain committed to the issues of diversity, equality and access to
Treasurer 1994-1995 justice.

Hamilton Law Association Many of my achievements and awards are listed, not out of immodesty, but to demonstrate my
since 1988 tireless and passionate commitment to the law and social justice. I have worked enthusiastically
as a lawyer and community leader to make Ontario and Canada a better place, particularly
Criminal Lawyers’ Association
in my own corner of the world, the City of Hamilton.
(Toronto & Hamilton) 1990
The Advocates’ Society The scope of my legal practice has covered the difficult challenges of Criminal law, Mental
1991-1999 Health, Family and Civil Litigation and Criminal Injury and Compensation. I have a decade of
adjudicative experience on several tribunals. Having served on the Immigration and Refugee
Children’s Lawyer Personal Board, I have witnessed firsthand the consequences of unscrupulous consultants in immigration
Rights Panel law. I am committed to participate in disciplinary panels to save costs to lawyers, protect the
Deputy Judge Hamilton public and preserve the integrity of the profession.
Small Claims Court 1995
I have in-depth knowledge of our legal system and how it impacts the plight of the disadvantaged
Mental Health Legal in our society. I know legal aid funding has a direct correlation to the public’s ability to access
Committee Toronto justice.
McMaster Medical School I also find myself drawn to causes as diverse as AIDS awareness in the Hamilton-Niagara region,
Admissions Committee membership in the Rotary Club of Hamilton and activism within the Hamilton Board of Education.
1993-2003 I have worked with the Easter Seals, the John Howard Society, the City of Hamilton Status of
CPP/OAS Tribunal 2002-2003 Women Committee, the Salvation Army, and many other charitable organizations.
Immigration and Refugee I invite you to contact me at law_firm@sympatico.ca (905) 979-0367 or visit my website at
Board (IAD) 2003-2009 Joanmacdonald.ca for more information on my profound commitment to serve your interests
Ontario Deputy Judges as a bencher.
Association Founding
Director 2001

36
M.Virginia MacLean Central West • Centre-Ouest
Oakville
Why I am a candidate
This is my fourth quest to become an elected bencher and my first as a bencher candidate from
outside Toronto. In 2006, I relocated my sole practitioner practice from downtown Toronto to
Oakville where I am a long-term resident. My experience and leadership with legal professional
associations are most relevant to being an elected bencher. I believe that together with other newly-
elected benchers I can make a difference and can help to make the Law Society relevant to our
profession.

The Law Society Overview


The Law Society, which is the oldest in any common law jurisdiction, regulates the legal profession
in the public interest. There are licensees of the opinion that the Law Society is irrelevant to their
practice. In this brief election statement it is impossible to change that opinion but I put this challenge
to you: Read all the election statements and elect candidates who will make a difference as I
Called 1969, sole practitioner
think I can. Most importantly, please vote.
Oakville.
Certified Specialist Municipal This is the time to elect new benchers and for those benchers to move forward with more governance
changes to make the Law Society more accountable, transparent and cost effective.
Law-Local Government/Land Use
Planning and Development Law Some Important Issues
(2006). There are many issues that need to be addressed by the benchers in the next 4 years. This election
Previous practice public Statement permits only a brief examination of a few of these issues:
sector – provincial and municipal
governments, large and boutique Pensions
Toronto law firms. Many members of our profession, especially the sole and small practitioners practise law until they
are unable to continue. They do not retire. Why? Because they cannot afford to retire. There is a
Chair CBA Pro Bono Committee. graying of the profession as a result with some discipline consequences. All practising lawyers need a
Past President Ontario Bar pension plan. The Law Society could and should explore and work towards the provision of a pension
Association, Women’s Law plan which is affordable and available to all practising members as soon as possible.
Association.
Paralegals
Past chair of various OBA and CBA As the former Vice Chair of the OBA’s Paralegal Committee I am familiar with paralegal regulation.
committees. I recall the recommendation of Justice Cory that the Law Society not be the regulator of paralegals.
Director: the Osgoode Society for However, in our profession, unlike most other professions, governance of the para profession is
linked with governance of the profession. The Law Society Act was amended so that the paralegals
Canadian Legal History.
could come into our professional tent. I suggest that it is now time for the paralegals to move
Member: Advocates’ Society, CBA into their own paralegal tent. Let the Law Society regulate lawyers and let the paralegals be self-
and OBA, Halton County Law regulating.
Association, Northumberland
County Law Associations, Governance
International Municipal Lawyers Treasurer Millar oversaw a consultation process and a report on changes to the by-laws under
Association, Women’s Law the Law Society Act. Some of the changes to governance were introduced as recently as February
Association of Ontario. 2011. The benchers are to be congratulated on these changes so very long overdue but, do they go
far enough? I suggest that they do not. The Law Society must be more open and transparent to the
Lectured and authored municipal licensee members and the public.
law papers and texts.
Honours and Awards: Queen’s CPD
Counsel 1982, Linda Adlam Unlike other professions that have long had mandatory continuing learning, the benchers only
approved Continuing Professional Development to be effective in 2011. This is long overdue but
Manning Award Volunteerism
not well-thought-out. The mechanism for approval and delivery of courses is not fully in place. The
(OBA) 2006, Law Society Medal Law Society should only be delivering on a without fee basis the three compulsory hours of ethics
(2010). or professionalism and/or practice management, not the substantive law programs. The Law Society
Education: LL.B., Osgoode Hall needs to approve and set the standards, not deliver the product.
Law School, 1967, B.A.
University of Toronto. Other issues
The graying of the profession, especially outside Toronto and the need to encourage new lawyers
to locate outside Toronto are two related and crucial issues. Controlling sharp practices and
unprofessional behavior should also be on the Convocation agenda.

My Plea and Promise


It would be a privilege and honour to serve this profession as an elected bencher. I am prepared to
work and dedicate the time and the effort necessary to fulfill this most important elected position.
If I am elected I promise to listen, to communicate with members and at Convocation, to seek out
answers and speak out.
37
John R. Mann Central West • Centre-Ouest
Paisley
1. The Law Society must work toward further streamlining the complaint process. There is
far too much paper work and not enough focus on early resolution. Prehearing benchers
must have more power to resolve the complaints in a swift and fair way for the benefit of
both the lawyer and the client. Prior to the extensive documentation that gets launched,
bring the parties together in person or by conference call and informally try to work out
a resolution wherein the lawyer can hopefully avoid a blemish on his or her record. If it
is clear no resolution is possible, set a formal hearing or make a determination to dismiss
the complaint.

2. The Law Society must do all it can to advance access to justice. Legal Aid must be
funded and expanded to everyone that cannot afford a lawyer [and at reasonable rates].
Sole Practitioner – Criminal Law
3. The Law Society must protect the independence of the Bar. Legal Aid is interfering with
that independence. The Legal Aid Extremely Serious Matters panel and the Legal Aid
Called Ontario 1993
Gladue panel must be eliminated. Legal Aid must not dictate who acts for a client. If
there is a problem with representation by a lawyer, the court and the Law Society handle
Member of Michigan Bar since 1977
that. It is not the business of Legal Aid. The absurdity is that a client may be prohibited to
have the lawyer of his or her choice because the lawyer is not on an arbitrary panel set up
BA University of Michigan 1973
by Legal Aid Ontario. Legal Aid Ontario has more power related to this than any Judge in
Canada.
JD Detroit College of Law 1977
4. The Law Society must protect lawyers from interference from Legal Aid in his or her
World Headquarters: Port Elgin
handling of a client matter and Legal Aid must pay reasonable attorney fees. A lawyer
should never have to explain to Legal Aid Ontario why he or she is pursuing a certain
Member, Criminal Lawyers’
motion, requiring a certain expert witness, or requiring certain other funding that in his
Association
or her expert judgment is required. Legal Aid is not privy to the evaluation of the file
and it is none of their business. Legal Aid is not our client and they have no business
in knowing our strategy or anything else intruding into our lawyer-client privilege.
Obviously, the requests must be reasonable. If a lawyer is overbilling and not reasonable,
Legal Aid can assess the bill and have the Law Society deal with it. I don’t recall when
the Crown has had to ask Legal Aid Ontario for funding for anything. The playing field
must be leveled. Denying funding adversely affects full answer and defense of the client
and ultimately hurts the client, i.e., the public who we must protect. Lawyers will stop
accepting legal aid certificates, not because they want to, but because they have to allow
their businesses to survive. This further harms the public because John or Jane Doe have
a limited pool of lawyers to choose from. That is a direct violation of their Charter rights,
and they must be protected by us.

5. The benchers that are elected I hope will deal with these issues.

38
Beverley A. Martel Central West • Centre-Ouest
Mississauga
WHO am I? Certainly I am more than the précis of my resume in the left-hand column.
I am a wife, a mother and a grandmother. I have practised in Mississauga for almost 30 years
and during that time witnessed significant changes to the way we practise and the manner
in which we are governed. Most changes have been for the betterment of the profession,
some have not. My experience on a variety of boards, often charged with managing large
budgets, has equipped me to assess and offer suggestions for the improvement of the LSUC
management of funds. Over the years, I have had the privilege of attending numerous Plenary
Sessions of the County and District Law Presidents’ Association as Vice President, President
and Past President of the Peel Law Association. More than anything these sessions helped
inform me as to the concerns facing the Bar throughout the province.

WHAT are the specific issues I consider important to the Bar? In no particular order, we need
• Deputy Judge of the Small
to focus on: the graying of the bar, the unique needs of sole practitioners and small firms, the
Claims Court
Legal Aid Crisis (yes it still is in crisis), continuing legal education requirements, the woeful
• Director of the Ontario
lack of judicial resources in almost all jurisdictions, the public face of the profession and the
Deputy Judges Association
need to mentor and support our articling students and recent calls. LibraryCo must continue
• President of the Peel Law
to assess and strive to meet the needs of County and District Law libraries scattered across
Association (for 2 terms)
the province, recognizing the unique needs of each association in terms of maintaining its
2008-2010
collection and, where applicable, staffing those libraries. I have great interest in the regulation
• Director of the Peel Law
of paralegals and much familiarity with the scope and competence of their practice as they
Association from 2002 to 2011
appear before me regularly in the Small Claims Court. Despite the Four Pillars introduced
• Editor of “Peel Briefs”
by the Attorney General, access to justice (or rather lack thereof) is a very real concern to a
for 6 years
vast number of family law litigants. In addition we, as practitioners, deserve a voice in the
implementation of procedures and introduction of Rules that affect our ability to deliver
• Graduated Osgoode Hall
timely and affordable legal services.
Law School in 1979
• Called to the Bar 1981
WHERE is there room for improvement? We need better communication between the Law
• LL.M. in ADR from
Society and its members, including full accountability of benchers to their constituents and a
Osgoode Hall in 2000
greater focus on the needs of members outside the GTA. We also need to consider long range
• Trained at Harvard
planning for the future of the profession as a whole, embracing the new financial realties of
in Negotiation
private practice and the challenges (and benefits) of technology.
• Trained in Mediation
(York University)
WHEN can you contact me to discuss your concerns? Anytime. If I am to properly represent
you, my constituents, then I should be, and will be, readily available to listen to your
• Dispute Resolution Officer
complaints or suggestions (almost) 24/7. Let me be your voice at Convocation. I can be
(hearing family case
reached by phone at 905-279-7930 (ext 223) or by email at bmartel@weirnakon.com
conferences) in Brampton
• Member of Peel Halton
WHY do I want your vote? Having served the maximum nine years as a Director of the Peel
Collaborative Group
Law Association, I now find myself in the enviable position of having extra time. I should
like to use this time to give back, in a different forum, to the profession that has given me so
• Treasurer of the Brampton
much for over a quarter of a century. My work as both Barrister and Solicitor has been not
Caledon Community Living
only challenging but rewarding; intellectually, socially and financially. My experience with
Charitable Foundation
the Peel Law Association, as a private practitioner and as a Deputy Judge has given me a
broad perspective of the needs and concerns of my colleagues practising in centres outside of
• Married, with children (and
Toronto. Besides, as the mother of a daughter (our youngest) in her first year of law school, I
grandchildren, horses and dogs)
have a vested interest in contributing to the best possible future for the profession.

Please consider voting for me this April.

39
Susan T. McGrath Northeast • Nord-Est
Iroquois Falls
I have been a sole practitioner in Iroquois Falls, (pop 4500) District of Cochrane, North East
Region, since 1981. I served as Director of my local Law Association from 1980-1983, 1992-
1996, and as President in 1984-1985. I also represented my local law association at CDLPA in
1984 and from 1996-2000. My involvement with OBA and CBA is extensive, having served
as President of both, as well as on numerous committees and Task Forces. I am committed to
working for our profession and in the public interest.

I’ve been honoured to serve as bencher for the last 4 years. I am currently chair of the
Compensation Fund and Inter-Jurisdictional Mobility Committees. I am a member of the
Access to Justice, Paralegal, Government and Public Affairs, Professional Development and
Competence, and Awards Committees, the Unbundling Working Group, and the LibraryCo
Bencher, 2007-2011
Board.

LL.B., Osgoode Hall Law School The independence of our profession is increasingly under assault and it is imperative that
we be vigilant in protecting that independence and, with it, the ability to fearlessly and
Called 1979 fairly represent our clients’ interests. Loss of independence in the U.K., coupled with
Sole Practitioner 1981-Present troubling comments by various provincial Attorneys General and Canada’s Commissioner of
Children’s Lawyer Personal Rights Competition, may be warning signs that the independence of the profession in Canada may be
Panel 1986-2000
subject to challenge by our governments. The independence of the legal profession is one of
Deputy Area Director Legal Aid
1997-2000 the pillars of our democracy and must be protected for the benefit of all Canadians.

CBA President 2004-2005 The discipline process is a necessary component of ensuring that the highest level of integrity
CBA 1st Vice-President 2003-2004, is maintained by those who practise in our province and is one of the hallmarks of a self-
CBA 2nd Vice-President 2002-2003 regulated and independent profession. I have devoted significant time to participation in
Liaison re CBA Legal Aid Test Case discipline panels and appeal panels to ensure that dispositions protect the public, the integrity
Litigation 2005-present of the profession, and, where possible, the ability of a member to maintain his or her practice
CBA Finance Committee 1999-2000
and to continue to earn a livelihood.
CBA Finance & Plenary Directorate
1998-1999
CBA Board of Directors 1999-2006 Maintaining professional competence is necessary to provide appropriate and effective
CBA/OBA Council Member1982-1987, services to the public. However, it is also a pocketbook issue for lawyers as they weigh the
1990-2007 benefits of maintaining such competence against the cost of malpractice litigation and errors
and omissions claims. With the launch of CPD in January, the Law Society developed high
OBA President 1999-2000 quality programs in ethics, professionalism and practice management, provided at no cost
OBA Treasurer 1997-1998 direct to your desktops. It is possible to complete your entire CPD requirement from these
OBA Secretary 1996-1997 programs. The Law Society continues to provide excellent programs at reasonable cost, both
OBA Committees: Law Society Act
over the web, and live in various locations across the province.
Amendments, Paralegals,
Regionalization, Gender Issues,
Law Society Liaison, CLE Advisory The Report on Sole and Small Firm Practitioners indicates that a number of difficulties, such
Committee, Membership, Nominating, as stress, substance abuse, financial difficulties, and burn-out, face lawyers in these firms
Institute, Distance CLE, Awards, and may threaten their continued viability. This would have a serious impact on the many
Federal Judicial Appointments, members of the public who depend on these lawyers and firms for their legal services. The
CBAO/CDLPA Merger Law Society must continue to make a significant investment of time, services and money to
ensure that this essential segment of our profession can continue to provide top quality service
Cochrane Law Association
to the public in their communities.
President 1983-1984 Legal Aid Area
Committee 1980-1988, 1992-Present
I believe that the interests of the public and of the legal profession usually converge and that
Deputy Judge,Temiskaming Small working for one goal is equivalent to working for the other. I have devoted my efforts to the
Claims Court 1986-1987 OBA and CBA, as the essential advocate and ally of the legal profession. Representing you at
the Law Society is one more step on the continuum of advocating for the best interests of the
profession by ensuring that the public interest is protected.

I have devoted my time and energy over the last 4 years to ensure that we maintain and
strengthen our legal profession in Ontario in order that we achieve our goal to provide the
best legal services to our clients. I am committed to continue this work on your behalf. I ask
for your support.

40
David S. McRobert Central East • Centre-Est
Peterborough
I have worked in government for various agencies as a lawyer, volunteered and worked for environmental and
social organizations, and taught law to undergraduate and college students for nearly two decades.

Law Society of Ontario (LSO): Regrettably most Ontarians do not respect legal professionals. Maintaining
an elitist name – the Law Society of Upper Canada – doesn’t help. Some observers note it evokes images of
drinking high tea in the Barrister’s Dining Room. I have pushed since 1986 to change the name of the LSUC
to Law Society of Ontario. The LSUC’s name predates confederation and “Upper Canada” means nothing to
most immigrants.

Mentoring: I believe law students, new lawyers (esp. sole practitioners) and paralegals should have mentors
to assist them if they choose.

Legal aid: I am committed to the LSO working closer with Legal Aid Ontario and MAG to enhance the rates
Peterborough, Ontario for legal aid clients.
Married; two children Duty to use our skills to empower Ontarians: Many of us have been blessed with prosperous careers
and enjoy very quality housing and eat very fine meals every day. The reality facing most Ontarians is very
Called to the Ontario Bar in 1990
different. There is structural unemployment, particularly among young men. As lawyers we have powerful
Member of CBA since 1985; tools at our disposal to promote positive social change and a duty to facilitate change. The benchers and the
Member of OBA Environmental society deserves kudos for its excellent programs feeding the poor and homeless. There is more work to do. I
Section Executive, 1993-95, will support LSO programs that promote positive social change.
2001-2003
Job-sharing: I have tremendous empathy for those young lawyers and paralegals who face chronic
Master in Environmental Studies underemployment in a fairly tough job market. In 1996 I wrote to the LSUC Treasurer trying to gain her
(1984),York support for a unique job-sharing arrangement between two talented women lawyers at my employer. Both had
children and I thought it would be wonderful to promote a job-sharing arrangement. While she could offer no
Bachelor of Science (Biology), Trent help, I was delighted to see in 2009 that the LSUC has made retention of women one of its highest priorities.
Part-time Faculty, Business Some of the solutions to the unemployment problems we face in Canada and other developed nations are
School, Humber College, relatively simple, e.g. implement job-sharing, live with less, and focus on re-building communities. Real
Jan. 2011 – change starts with families, churches and communities.

In-House Counsel, Pledge to represent all Ontario legal professionals: I pledge to represent all lawyers and paralegals
Environmental Commissioner of – women and men; aboriginals, prospectors and developers; ethnic minorities and the disabled facing
Ontario, 1994-2010 discrimination – in a compassionate, refreshing and powerful way. I support the goals of consensus decision-
making and full consultation whenever possible. I am a creative thinker and I was fortunate to article in
Part-time Faculty, FES,York, the Ministry of the Attorney General where I studied at the feet of one of Ontario’s most brilliant AGs, the
1994 - June 2009 and Instructor, Honourable Ian Scott (the other being retired Chief Justice Roy McMurtry) and was mentored and coached by
LL.M. in Administrative Law (Part- superb lawyers like Steve Fram, Thea Herman, John Gregory, Mike Cochrane, Karen Cohl and Doug Ewart.
time), Osgoode These lawyers truly were masterful public policy developers and their powerful legacies remain largely
untouched by law reformers.
Policy and Programs
Analyst, Waste Reduction Office, In May 1987 I championed a new feminist research institute at Osgoode in the wake of the controversy
over the 1987 Decanal Appointment process. I was very pleased that this institute was created in 1990 as
Ministry of the Environment,
a settlement of the OHRC complaint related to the process filed by Osgoode female students, faculty and
1991 - 1993 alumni.
Program Coordinator, Waste
Reduction and Climate Change, Growing Mental Health Stress facing Legal Professionals: Lawyers and paralegals are under tremendous
pressure at work and at home, due to the rapid evolution of communications and computer technologies.
Pollution Probe Foundation,
Sandwich generation pressures are likely to grow for boomer lawyers, the lawyers following us and our
Toronto 1990-1991 clients. We need to help lawyers adopt healthy lifestyles so that they can manage and contribute over the
Accepted to three Ontario medical long haul. The taxpayers of Canada and Ontario, the OBA, and the Law Society have invested heavily in our
schools in 1981 training and development. Our families and communities need us to remain healthy and fit because we have a
great deal more to contribute.
Division Leader and Caseworker,
CLASP, OHLS, 1984-1987
For more information about my work:
http://www.lacieg2s.ca/public/law/dsm-vita.htm
http://www.lacieg2s.ca/law/

41
Jacques Ménard East • Est
Kingston
At the core of my philosophy of governance of our profession in the public interest is the
idea that the public interest, in its broadest sense, has always been best served by having an
independent and secure self-regulated bar. Our profession serves the public by challenging
those rules, policies, regulations and legislation that affront one’s sense of what is right or
challenge the rule of law. Our profession’s ability to act as one of the public’s tribunes on
legal matters is directly linked to our independence through self-regulation.
My perspective on the needs of our profession is informed both by the fact that I am a
francophone originally from Northern Ontario, and that I have practised on my own or in
small firms, primarily in family law and primarily outside the GTA and NCR, for the last
21 years. I am unabashedly an advocate for programs directed towards broadening and
enhancing access to justice in the outlying districts and counties.
• B.A. (Hons.) History, Laurentian
1976 During my five years on the Board of Directors of LibraryCo, the funding source for our own
district and county libraries, I consistently advocated for the idea that LibraryCo and the Law
• LL.B., Windsor and Ottawa, Society had a legacy responsibility to provide adequate funding and support to county and
studies in English and French district law associations through the maintenance and staffing of a library in each and every
1981 county and district.
• LL.M., Queen’s:
There are a number of policy issues one can address. I will focus on two. Both are access to
Administrative Law 2009
justice issues.
• LSUC Tribunal Adjudicator
2010 The effective collapse of legal aid as a means of ensuring sufficiently broad access to
representation is choking our courts. As one former CDLPA president put it, “if only
• Kingston Penitentiary institutional and government bureaucrats, the rich and the large city dwellers have access to
Disciplinary Court lawyers, then the legal system itself will succumb to runaway-self representation.” Extra court
Chairperson 1998-2009 time, effort and resources are required to walk the unrepresented through their cases. The fact
• Panel Chairman CPP Tribunal is that we need to continue revisiting the legal aid funding issue with reasoned argument and
2005-2008 hard data until the lower middle income litigants who fall between the cracks receive some
• Cross Appointed Residential measure of assistance. One idea to study would be the adoption of graduated scales of legal
Tenancy Appeal Commissioner aid based on income as opposed to the current arbitrary on/off system of cut-off levels.
& Rent Review Hearings Board Secondly, we must more actively address the greying of the Bar in the outlying regions. As
1986-1989 our colleagues age and retire, fewer and fewer new graduates are able to take their place. The
• Residential Tenancy aging of the solo and small firm bar is evident and pronounced. This is a critical access to
Commission 1983-1986 justice issue. Younger practitioners are forsaking opportunities for a better work/life balance
because current levels of student debt impel them to seek higher-paying GTA and NCR
• Frontenac Law Association,
positions. The all too common refrain is “I would love to set up practice here but I can’t
member through to President
afford to.” Some of the solutions for those choosing to practise in underserviced areas may
in 2000
lie in temporary relief from Law Society fees at start up, more creative financing packages
• Community Committee for the from lenders, realistic terms for student loan repayment, and law school and Law Foundation
Preservation of the Frontenac bursaries. The Law Society could be pivotal in striking up, co-ordinating and pursuing
County Court House conversations with the various interests with a view to blending the elements into a solution.
1999-2002
La ville de Kingston est maintenant désignée officiellement bilingue. Une lacune évidente
• Frontenac Law Association dans de telles communautés est le manque de personnel bilingue au niveau de l’administration
Award of Excellence 2003 judiciaire. Le principe d’offrir l’accès en français comprend non seulement le droit de
• Membre de l’AJEFO s’exprimer en français devant un juge, mais de se sentir accommodé dès le premier contact au
• Member OBA Council comptoir du palais de justice. Comme Franco-Ontarien, je ne peux qu’insister que le Barreau
2000 to 2006 joue un rôle militant en encourageant notre gouvernement à atteindre ce but dans toutes les
régions désignées bilingues.
• OBA Executive, Member at
Large 2006-07 Our Law Society has changed radically in the last decade and a half. It is a much more activist
force on a number of fronts. The recent changes in governance demonstrate that, to its credit,
• LibraryCo Board of Directors
it can even reform itself. There is a momentum and a sense of initiative in which I wish to
2002-2007
participate and contribute. I seek your support in this effort.
• Bar Admission Course
Instructor 2004

42
Donald Orazietti Northeast • Nord-Est
Sault Ste. Marie
I am seeking election for the first time as a bencher to represent my colleagues in the legal
profession. Over the past number of years, I believe I have accumulated a great deal of
experience and insight into the evolving workings of the legal profession in Ontario, which
qualify me for such a position.

Since my call to the Bar in 1970, the profession has seen a sea change of reforms and
practices, perhaps the largest being the technology revolution and what that has meant to the
average practitioner.

I am particularly concerned with representing lawyers outside of the Greater Toronto Area.
Lawyers in Northern Ontario often feel isolated and alienated from the decision making
process taking place in Toronto, fearing that their voice does not carry any weight or does not
Graduate of Queen’s University
matter. Northern Ontario faces very unique challenges which need to be addressed. Access
Law School, called to Bar 1970
to continuing legal education with personal interaction, by attendance at conferences and
educational seminars, is extremely costly for the Northern practitioner, many of whom are
1970-1980
sole practitioners. The travelling and hotel costs make the continuing education process very
Assistant Crown Attorney
difficult for the Northern Ontario lawyer and yet such access has never been more important.
and Crown Attorney for District
of Algoma
In Northeastern Ontario, criminal practitioners enjoyed, for a short period of time, their own
annual Northern Ontario conference on criminal law, which was held in the fall at Laurentian
Entered private practice in 1980,
University in Sudbury.
specializing in Criminal Law
Sudbury seemed a logical focal point for the northeastern region. The site was most
Presently practising in association in
accommodating, the attendance was invariably good since the program was of high quality
the firm Orazietti, Kwolek, Walz
featuring some of the leading experts on a variety of topical subjects. It was of salutary
importance to the practitioners in the region, giving them a personal exchange at a venue
Member of Area Legal Aid
in their region. This sort of decentralization is a welcome breath of fresh air and while the
Committee for over 10 years
conference I refer to is one on criminal law, there is no reason of course, why that concept
could not be enacted in areas of civil law. That might ameliorate the alienation of regional
Member of the Board of Sault
practitioners while enhancing legal education.
College for 5 years
In my years of practice I have specialized in criminal law, as a prosecutor and as defence
Member of the Board of the VON
counsel. I understand the regulation and over-reaching of government and other governing
bodies. I am keenly aware, in this age of diminishing civil liberties and over regulation, that
Member of Board of Governors
there is an important balance that needs to be struck between the interests of the practitioner
Community Living
and the interest of the Law Society in its mandate of governing the profession.
Instructor of Introductory Law at
My record for standing up for the practitioners speaks for itself. In 1995, I was engaged in
Algoma University (4 sessions)
defending a legally-aided client who was charged with conspiracy to traffic a kilo of cocaine.
The Attorney General of the day, Charles Harnick, refused to guarantee that the legal aid
Various Educational Panels
lawyers would be paid. My motion to stay the proceeding pending a commitment from the
Attorney General was granted. That started numerous applications on the same terms most of
Member of the Criminal
which were granted, and caused the Attorney General to honor the legal aid certificates.
Lawyers Association (CLA)
I also believe that my background dealing daily with a variety of Charter issues from the right
Local delegate to CLA
to counsel to due process is helpful in terms of dealing with alleged violations of the rules of
professional conduct. In addition, my tenure at the Board of Governors at Sault College at a
Member of sub-committee of
time of its most dire financial and cost cutting experience has given me some insight into the
the LSUC
need for a disciplined approach to spending, for which we all pay heavily. Burgeoning costs
of operation is something that concerns everyone and we cannot be too vigilant in controlling
Establishing rules of practice in
them.
Criminal Law
It is important for the profession to recapture its sense of idealism and have a vision of
what kind of profession we want to be in the years ahead. We want to be a profession that is
forward looking and one which the public respects.

Therefore, I am seeking your support in representing you as a bencher for the Law Society of
Upper Canada.
43
Norman Panzica Central East • Centre-Est
Concord
The Law Society of Upper Canada, and its Members in particular, face new and continuing
challenges as the Practice of Law evolves in the 21st century. I have worked in a large
corporate firm setting. I have worked as a sole practitioner in Criminal and Civil law. I
have acted as a per diem Assistant Crown Attorney. I am well acquainted with the various
professional and financial strains associated with the Practice of Law and working in a highly
regulated environment.

We face many pressures as lawyers in Ontario. Some of those issues are:

• the changing economics of the practice of law, including the growth in both small firms
and sole practitioners, and in very large law firms
• access to justice concerns given the evisceration of Legal Aid funding combined with
B.A.York University
(a) outdated financial eligibility guidelines, (b) limits on hours in family, child protection
and criminal proceedings and (c) Justice on Target Initiatives
LL.B. University of Ottawa 1989
• the regulation of activities of paralegals and the economic impact on lawyers
• the difficulties faced by articling students and young lawyers to secure employment
Articles at Blakes
• the increasing costs associated with sustaining a law practice given the new and cost-
prohibitive obligations for continuing legal education and rising LPIC premiums
Called to Bar 1991
• the “graying of the bar”and difficulties law firms from small communities face in
attracting young lawyers
Practise primarily Criminal Defence
and Insurance Litigation
These issues, among others, require strong leadership, hard work, and ingenuity to effect the
desired changes. I am absolutely committed to giving my best to maximize the benefits to the
Department of Justice Prosecutions
small practitioner whose livelihood is affected by these pressing issues.
Part time Per Diem Assistant
Like many of us, I have achieved a few things professionally and personally, and I am now
Crown Attorney past 8 years
at a point in my life where I wish to serve the interests of my colleagues. I value what we
represent to the proper functioning of a civilized society embedded in the Rule of Law. A
Currently President of York
desire to serve, however, is not enough. I needed to know what specifically was weighing
Region Law Association
on my colleagues and how to help improve our lot. And so I asked. About the stresses of
practice. About views on the Law Society and our relationship to it. About what we feel the
Involvement in various committees
Law Society is doing well and what it needs to improve on.
Attended CDLPA meetings over
I have communicated with a broad cross-section of our Members. I know the issues. We need
past 2 years
to get working with each other and with the Law Society on improving the relationship. Now.
The Law Society needs to achieve more for its Members. We need more transparency, less red
Attended OBA meetings as
tape, more support, and less apathy to our interests. The Law Society needs to step up.
YRLA Representative
What I am offering is my absolute and unwavering commitment to the interests of Lawyers in
Membership and Attendances at
Ontario. I am offering to apply my knowledge and experience as a lawyer with a varied and
ABA Meetings
diverse background to further our collective agenda. I am offering to employ balance, vigour,
and diligence in executing my duties as a bencher of the Law Society of Upper Canada. I am
Former Chair, Board of Referees,
excited by this prospect and hope that you will support me.
EI Act Appeals

Mock Trial Coach

Youth Baseball and Soccer Coach

44
Stephen G.A. Pitel Southwest • Sud-Ouest
London

I am running for bencher because the Law Society is facing an increasing number of issues
that can benefit from input from the legal academy. As a law professor with a focus on
legal ethics and professionalism I can help in addressing these issues. In the past the Law
Society has often had several benchers from the legal academy. More recently it has not.
There is strength and effectiveness in having benchers drawn from diverse backgrounds and
professional contexts and this includes our law schools.

Many regulatory issues relate quite closely to what is happening in our law schools. The Law
Society has actively considered proposals and embarked on recent initiatives relating to the
• Associate Professor, University requirements of the common law degree in law (whether J.D. or LL.B.), the articling process
of Western Ontario; and the licence examination process. It has taken significant steps in the area of mandatory
Goodmans LLP Faculty Fellow continuing legal education by implementing a continuing professional development
in Legal Ethics requirement for all lawyers. In addition, the Law Society revises and updates the code of
professional conduct, faces broad issues about the ongoing future of self-governance and
• B.A. (Carleton), LL.B. oversees an extensive regulatory and discipline regime. These are all issues that interest me
(Dalhousie), LL.M., Ph.D. as a law professor.
(Cambridge)
One of the major issues facing the profession is the growing shortage of lawyers interested in
• Co-author, editor or co- working as sole practitioners or in small firms outside of a major city. Senior lawyers looking
editor of 10 books on private to retire are finding it difficult to implement a succession plan and transfer their practice to
law, class actions and private a more junior lawyer, and the legal needs of some Ontarians are going unmet. Some of the
international law including solutions to these problems need to start in the law schools. Students, as part of their academic
Conflict of Laws (2010) studies, need to be exposed to more information about the opportunities, viability and benefits
of practising as a sole practitioner or in a small firm. In addition, in light of the high number
• Member of the Chief Justice of of lawyers in all parts of the profession expected to retire in the next ten to fifteen years, we
Ontario’s Advisory Committee need to address whether we are teaching and admitting a sufficient number of new lawyers to
on Professionalism, with serve the public in the years ahead.
particular focus on improving
the teaching of ethics and My academic work is highly practical and relevant to many Ontario lawyers. I have published
professionalism articles about the jurisdiction of the civil courts, the ability to enforce judgments of courts
outside Ontario, and limitation periods. I have also published chapters of a tort textbook
• Contributor to Lawyers’ Ethics on the standard of care in negligence, defences to negligence claims and personal injury
and Professional Regulation damages. I have taught civil procedure, torts, international commercial litigation, and legal
(2008) ethics and professionalism. My research and my teaching are closely connected to the practice
of law as it actually occurs in Ontario.
• Co-developer of Canada’s
first mandatory first-year law My experience with the practice of law is in the area of corporate and commercial litigation.
school course in legal ethics I do not have any first-hand experience with criminal law, but I am fortunate to be able
to benefit from my spouse’s experience. She is a criminal defence lawyer and a federal
• Director, Lenczner Slaght prosecution agent for the Public Prosecution Service of Canada. She is my daily point of
Advocacy Competition in contact with the practice of law in Ontario.
Legal Ethics
I have very strong oral and written communication skills and am highly organized. I have won
• Called 1994; practiced civil teaching awards and received several research grants. I enjoy administrative work. I would
litigation in Toronto for consider it an honour and a privilege to serve Ontario’s lawyers as a Law Society bencher.
three years; Advocates’
Society member I appreciate the time you have taken to read this election statement. I encourage you to
contact me (at spitel@uwo.ca) if you have any questions about my candidacy and I encourage
• Pro bono legal research for you to vote in April.
MADD Canada since 2002

• Married, to a lawyer practising


criminal law

45
Dorette Pollard East • Est
Ottawa

Why I am running for Bencher

On Tuesday, November 9, 2010, I attended the Meet the Treasurer Breakfast hosted by the
Women’s Law Association of Ontario (WLAO), the County of Carleton Law Association
(CCLA) and the Law Society of Upper Canada at the Lord Elgin Hotel in Ottawa.

The new Treasurer challenged the audience, male and female alike, to get involved and be
active contributors to the future of our profession. Heeding the call, that is why I am running
Dorette Pollard is Counsel with
for bencher today.
the Department of Justice Canada,
Criminal Law Policy Section,
True enough, I do not come with a platform built on a slate of reforms or diehard issues to
Ottawa, where she specializes
champion. I come to the task rather with a commitment to give full and open consideration
in national security law.
to every deliberation, listening, learning, remaining silent and rolling up my sleeves with
resolve, dedication and good humour to arrive at decisions that are consistent with the
Member of the Law Society of
integrity and advancement of the Law Society of Upper Canada and respect the best interests
Upper Canada since 2007, she
of its members.
completed articles of clerkship at
the Federal Court of Canada to
As your bencher, I would bring a unique voice to Convocation drawing upon broad executive
the Honourable Mr. Justice Michel
and legal experience in the public sector. Most of all, I love the law and harbour a healthy
Beaudry (2006-2007) and to the
curiosity in all its manifestations. I would be honoured to serve on your behalf as a bencher
designated judge, the Honourable
of the Law Society of Upper Canada.
Mr. Justice Simon Noël (2007-2008).
Thank you for your trust.
Ms. Pollard obtained her LL.B. from
Osgoode Hall Law School in 2006
Thank you for your vote.
and successfully defended her
LL.M. thesis on Fresh Evidence,
Dorette Pollard
at the University of Ottawa, in
November 2010.

Prior to law school, Ms. Pollard


was the first Director of
Communications (2001-2003) in
the Ontario Regional Office of the
Department of Justice in Toronto.

She is bilingual.

46
Judith M. Potter Southwest • Sud-Ouest
London

RE-ELECT

Currently on Finance, Professional Regulation, Equity and Aboriginal Issues Committees


and Return to Practice Working Group. Previously served as Chair Smalls and Soles
Implementation Working Group; Residential Schools Guidelines for Lawyers Working Group;
Co-Chair Access To Justice Committee; Smalls and Soles Task Force; Vice-Chair Equity
Committee; Director Board of LibraryCo; Member Professional Development & Competence
Committee; Government & Public Affairs Committee; Contingency Fees Working Group;
Specialist Certification Working Group; Court House Study Task Force; Discipline Hearings
Professional Activities
Panel Member; LS Appointee, Ontario Bar Association Council; Calls to the Bar.
Sole Practitioner; Tribunal member
“I continue to be committed to ensuring that Small Firms and Sole Practitioners not only
Consent & Capacity Board;
survive but thrive.”
Deputy Judge Small Claims Court;
• because of our work on this issue and the implementation of the Task Force
Southwest Region Women’s
recommendations, the lawyers of Ontario now have numerous tools and programs to
Law Association; Middlesex
assist them
Law Association; Canadian Bar
• the public interest is best served by lawyers who have access to up-to-date tools,
Association & OBA
technologies, education and information
• continuing to provide these services to the lawyers of Ontario in a cost-effective way is
essential
Education

“I am committed to addressing the growing problem of too few articling positions available
University of Western Ontario BA;
for the numbers of law school graduates.”
University of Windsor LL.B. - Igor
• articling is a requirement for being Called to the Ontario Bar yet increasingly each year
Kaplan Award for Scholarship,
the demand is greater than available positions
Commitment and Integrity;
• it is time to explore other cost effective options that would level the playing field
Year of Call 1991
• as long as articling is a prerequisite to being a member of the profession fairness demands
that we create a solution to a growing inequity

Community Involvement
“I am committed to addressing the issue of “the greying of the bar.”
• the average age of lawyers in small towns and non-urban areas is older than their urban
Board member London Children’s
counterparts. When they retire or leave practice they are not being replaced
Aid Society; Merrymount Children’s
• how can the public interest be served when small towns and non-urban areas in particular
Centre; London Abused Women’s
are not attracting younger lawyers
Centre; Professional Women of
• we need to develop strategies that will halt this erosion and enable those communities to
London; Board of Governors
attract and retain younger replacement lawyers
University of Western Ontario;

Federal Riding Association
“I am committed to Equity and Diversity.”
President; Candidate, Civic Election;
• to ongoing development and implementation of initiatives that enhance the retention of
London Memorial Boys & Girls
women in practice, that halt the steady erosion of their numbers after being Called to the
Club and Ronald MacDonald House
Bar and that will assist them to return to practice
Capital Campaigns
• to support initiatives that recognize, utilize and capitalize on the diversity within the
profession

“I am committed to improving public confidence in the Law Society and to improving


RE-ELECT
lawyers’ confidence in their governing body.”
EXPERIENCE
INTEGRITY
COMPETENCE
COMMITMENT
LEADERSHIP

47
Nicholas John Pustina Northwest • Nord-Ouest
Thunder Bay

In its 213th year, the members of the Law Society of Upper Canada continue to maintain its
tradition of service to the public.

We are legislatively mandated to advance the rule of law and to improve access to justice for
the communities of Ontario.

At the same time, we must provide a strong voice on behalf of the 42,000 lawyers and 3,000
paralegals in Ontario, addressing and resolving their needs.
• McMaster University 1953
In particular, we must continue to be aware of the needs of the small law firm. As an example
• Osgoode Hall 1957
of this, as a member of the Law Society’s Working Group, I was very satisfied to have been
• Called 1957
involved in the adoption of the “two lawyer” rule; the rule was significant in enabling small
• Queen’s Counsel 1971
firms to adequately carry on the real estate portion of their practices.
• Honourary LL.B. ,
York University 1992
Many have said, ‘of those to whom much is given, much is required’.
• Past-President, Director
Thunder Bay Law Association
I adhere to the foregoing statement.
• Past-President Life Member
Children’s Aid Society
I have been privileged and indeed honoured to have been accepted as a member of our
Thunder Bay
profession. I pledge that I will work diligently and to the best of my ability to support our
• Past Member Thunder Bay
profession and to maintain the traditions and principles of the Law Society of Upper Canada.
LACAC
• Past-Chairman Port Arthur
Separate School Board
• Life-Member William
Creighton Youth Services
• Past-Member Thunder Bay
Regional Cancer Centre
Ethics Committee
• Past-Director Alzheimer’s
Society of Thunder Bay
• Past Director V.O.N.
• Past Director Thunder Bay
Foundation
• Thunder Bay Annual CLE
Program Chair – Real Estate
• Deputy Judge Small Claims
Court
• Recipient Law Society of
Upper Canada Bicentennial
(1797–1997) Award of Merit
• Law Society of Upper Canada,
Bencher 2007-2011

48
Susan Armatage Richer East • Est
Ottawa
WHY I AM RUNNING FOR RE-ELECTION

I have had the immense luck to be born in Canada and live in a society governed by the rule
of law. I have the privilege of being a lawyer in a self-regulated profession where I can freely
confront the state on behalf of my clients. I wish to play my part in ensuring the continued
independence of the legal profession and the viability of the practice of law. I have the time,
the energy and the will to fulfill my duties as a bencher.

SOME OF MY CONCERNS

• The future of the profession and retention of lawyers


Partner: Richer & Richer I enjoy the company of young lawyers and listen to what they say. I am encouraged by their
Called to the Bar in 1979 idealism and ability. I understand that the policy decisions I participate in will affect their
future much more than my own and I will keep their hopes and expectations in mind.
Background
• The small general practitioner and sole practitioner
• Have been a bencher of the We need to ensure that lawyers in small practices especially in outlying areas have the support
Law Society of Upper Canada of their Law Society and access to education and practice assistance at a reasonable cost.
since November, 2010
• Member of Professional • Access to justice
Regulation Committee I continue to be concerned about the erosion of Legal Aid and the resulting imbalance in the
• Have been in private practice criminal justice system. The diminishing number of jobs for junior criminal lawyers and the
since my call - starting out need for mentors from the senior criminal and family bars are issues of importance.
in general practice and now
practising criminal law • Discipline Hearings
• Married with two adult I will bring empathy and a sense of fair play to my duties in the discipline process.
children
• Prior career teaching in • Governance and Regulation
Quebec and Ontario The public interest mandate of the Law Society of Upper Canada goes hand in hand with
support for lawyers. The more motivated and competent the Bar - the more the needs of the
Education and Training public will be met.

• B.Ed. McGill University LES DROITS LINGUISTIQUES


• LL.B Osgoode Hall
Law School Mon époux est Franco-Ontarien. Nos enfants ont fréquenté les écoles françaises
• Parkdale Community exclusivement. Ceci m’a permis de prendre connaissance de la longue lutte pour l’égalité
Legal Services linguistique en Ontario. Au début, j’ai appuyé les efforts de la francophonie par loyauté
à mes enfants et mon époux. Avec le temps, je suis devenue convaincue de la justice et
Professional Associations de la nécessité d’un accès bilingue à tous les services, que ce soit aux tribunaux, dans les
transactions avec le Barreau du Haut-Canada ou dans les contacts avec notre gouvernement
• Criminal Lawyers’ Association provincial. Vous pouvez compter sur mon appui résolu, constant et averti.
• County of Carleton Law
Association WHAT I HAVE TO OFFER
• Defence Counsel Association
of Ottawa (Former Treasurer) I bring to the table the viewpoint and experience of a lawyer who has been in a small private
• Endorsed by the Defence practice for over 30 years. I have first-hand knowledge of many of the challenges faced by
Counsel Association of Ottawa lawyers on a daily basis and am aware of the concerns of my colleagues in other areas of
practice. I will work diligently to better the profession for us all.
Community Service
I am asking for your support and for you to encourage your colleagues to vote. My website is
• Active in volunteer work www.susanricher.ca.
• Vice-Chair and head of the
Governance Committee of the
Ottawa Montessori School

49
James A. Scarfone Central South • Centre-Sud
Hamilton

I am a proud lawyer, a trial lawyer, who offers to continue serving the legal profession and the
public. I ask for your support and your vote.

My track record of service includes serving as Past President of the Hamilton Law
Association, founding director of the Ontario Trial Lawyers Association, director of the
Advocates’ Society, and director of the Ontario Brain Injury Association.

Up to eight non-incumbents will run for election. Your criteria for earning your vote will
hopefully include: a track record of leadership; fiscally alert and prudent; qualified by
reputation; qualified by experience; having the sensitivity and ability to represent both big city
James A. Scarfone, founding partner and small town practitioners and professionals; an appropriate degree of civility mixed with
of Scarfone Hawkins in Hamilton, the courage to do the right thing.
graduated from University of
Western Ontario, Kings College, Our profession is evolving. I believe we are on the cusp of a new era, where governance
then University of Windsor Law occupies the top priority amidst the changing societal dynamics. LSUC, now more than ever,
(1973), called to the bar (1975). must have effective custodians who bring good judgment to bear in keeping what is good and
James’ practice specializes in changing what needs to be changed.
serious personal injury, death,
product liability, insurance, medical Here is my take on where we are going and how we need to get there!
malpractice and professional
negligence. Self-governance is a privilege to be jealously guarded and entrenched, never to be taken for
granted. Losing it will cost us money out of our pockets, reduce the dignity and esteem that
James was a founding Director our profession maintains, and subject our practices to the dictates of bureaucratic mandarins.
and past President of OTLA, past This means that we need to ensure the public is protected. The primary means for securing
Governor for OLTA’s Association of those objectives is to ensure that all members are continuously qualified and practising
Trial Lawyers of America, Certified ethically. All new and existing licensees, both lawyers and paralegals, must be genuinely
Specialist in Civil Litigation (1995), qualified by education and by character to serve the public. From entrance qualifications
past President of both the Hamilton through CLE, we must take the steps to identify discipline and/or remove the unqualified. The
Law Association and Theatre challenge is to implement and hone cost-effective methods and processes.
Aquarius (Hamilton), past Director
of both the Advocates’ Society and Paralegals must practise only within the permissible fields authorized by their licence, and
Ontario Brain Injury Association. must have training in concepts such as The Rule of Law, Conflict of Interest, Duty to the
“Jim” often presents with OTLA, Client, Officer of the Court, Civility and other principles that lawyers abide by.
HLA, Advocates’ Society and other
organizations. Our discipline proceedings must provide certainty and efficiency. The time may have arrived
to appoint specialist hearing officers who make recommendations to Convocation.
He and his wife JoAnn of 31+ years
have two children, Kelli and James. Recently, “unbundling of legal services” has been offered as a means to better serve the
public with a more a la carte approach to legal services. Our profession must insist that such
a movement be justified both in terms of serving the public and in meeting the needs of our
membership.

Women find it challenging to remain in private practice. LSUC can and should develop
policies that support women in the profession. Research indicates that women lawyers often
earn less than males for similar work (Ornstein). Women are also less likely to become
partners than males. These are issues that need examination, and which cry out for internal
action.

I offer myself to meet the need for fresh perspective with skillful and energetic leadership.
Call me anytime to discuss any LSUC related issue, and please vote.

50
Raj Sharda Central West • Centre-Ouest
Brampton
Experience: Over the last fifteen years I have practised law in a variety of settings, namely government,
a small firm and currently as a sole practitioner. In my practice, I serve my client’s needs in a wide range
of legal practice including Family, Criminal, Real Estate, and Corporate/Commercial. Through my legal
career, I have also worked closely with colleagues in large firms. Collectively, these experiences have
enabled me to develop an appreciation for the challenges in different areas of practice as well as small
and larger firm settings. I see this plurality of vision as important for a bencher to acknowledge and
address both the common and the unique needs of our lawyer members.

Outside of my practice, contributing to our legal profession, as well as our communities, is vital for
me. I have taken on leadership accountabilities in legal and non-legal organizations in Peel, Toronto,
Halton, Hamilton and Ottawa. This has ranged from serving as first VP of the Peel Law Association,
past Director with the Advocacy Centre for the Elderly (a Legal Aid Clinic) to leadership with vital
community organizations such as the United Way of Oakville and the Halton Multicultural Council. It
Education is clear to me that individuals willing to commit their time, passion and experience can make an impact.
• McMaster University, As a leader I focus on being a good listener, a mediator and bridge-builder, a balanced decision-maker,
• B. A. Hons. Pol. Sci. and above all, someone who gets things done.
• B. A. Gerontology Having roots in the Canadian, British, and East-Indian cultures, I am blessed to speak several languages
• LL.B. University of Ottawa, including English, Hindi, Punjabi and Urdu. This ability to service diverse communities has been an
1994 asset in my practice, and one which I believe can enrich my perspective as a bencher.
• LSUC called 1996
• Solicitor, England and Wales Focus Areas: Benchers must ensure that our Law Society continues to uphold the principles of
maintaining and advancing the cause of justice and the rule of law, facilitating access to justice,
since 2000
protecting the public interest and acting in a timely open and efficient manner. In addition, the Law
Society is obliged to govern the practices of lawyers and paralegals.
Professional
• Sharda Law (2005 – present) In my view several issues require thoughtful attention and proactive action on the part of benchers,
• Adjudicator, Senior Lawyer including:
Member, Consent and
Proactively address the barriers to effective and efficient legal practice
Capacity Board of Ontario • New regulation should not add undue burden, rather regulatory decisions should be based on
(2002 to 2008) effective, streamlined practices that support a high service standard execution. I believe that
• Ron. E. Folkes Barristers and ensuring lawyers can practice in a fair and financially viable environment is foundational to
Solicitors, (1997 to 2005) upholding these principles.
• Crown Counsel, Office of the
Ensure public access to the legal system as senior lawyers retire
Public Guardian and Trustee,
• The graying of our profession may result in diminished legal representation, especially in smaller
Ontario (1996) communities. We need to find ways to ensure access to justice for all communities in Ontario.

Community Service Evaluate paralegal regulation


• 1st Vice President, Peel Law • We need to objectively evaluate paralegal regulation considering both the positive benefits and
Association (current) the negative consequences, and then determine what changes would strike the best balance going
• 2nd Vice President, Canadian forward.
Association of South Asian Strengthen the public’s perception of lawyers
Lawyers (current) • Enhance the image of lawyers in the public’s eye, by highlighting the value that is added to the
• Vice-Chair, Peel Family public interest by lawyers and their many contributions to their communities.
Mediation Services (current)
Solicit ongoing and open feedback
• Member, Peel Justice Education
• Each year every lawyer member must complete their annual report. This process should be
Network (current) enhanced to solicit pertinent issues and concerns from our membership to guide bencher’s
• Member OBA/CBA (current) priorities.
• Town/Regional Councillor,
Oakville/Halton (2000) I wish to offer my services as a bencher to our legal profession. Knowing that so many of our lawyers
• President, Halton Multicultural practice in small firm and sole practitioner settings, I believe that my experience in this form of practice,
Council (1996-2001) coupled with my dedicated leadership and business skills, will drive me as a bencher to strengthen and
uphold the Law Society’s principles for the benefit of all the people of Ontario.
• Director, Advocacy Centre for
the Elderly (1996-2004) My overriding goal is to apply my skills, experience and knowledge in a manner that contributes to the
• Allocations Cabinet, United professional, fair, meaningful and compassionate governance of the noble profession of being a lawyer
Way of Oakville (1995-2000) in Ontario.

I am proud to be endorsed by the Canadian Association of South Asian Lawyers (CASAL).

I thank you for this opportunity to serve you and ask you for your vote.

WWW.SHARDALAW.CA

51
Alan G. Silverstein Central East • Centre-Est
Thornhill
Colleagues and friends:

With the introduction of bencher term limits, 2011 promises to be a watershed election for our
profession. Many new faces are anticipated at the Convocation table, heightening the need for
continuity, stability and experience. As a two-term bencher, thanks to you, I seek your support one more
time.

Much has been accomplished over the last four years: the precedent-setting Justicia and Parental Leave
Assistance Programs; new professional development requirements; enhanced electronic filing initiatives;
a reformed governance structure for Convocation; introduction of a practice locum; development of the
“Your Law” videos on YouTube; numerous practice guides; client identification and verification rules;
plus a guaranteed role for lawyers in real estate conveyancing.

Alan G. Silverstein has been at But issues a-plenty remain, some old, some new, many affecting your day-to-day practice.
the forefront of real estate and
mortgage issues for over three CORPORATE GOVERNANCE A further reduction in the overall size of Convocation is necessary
decades as a writer, lecturer, to make it more efficient and productive in fulfilling its regulatory obligations. Use of non-bencher
commentator and media lawyers to adjudicate discipline cases should also be continued and expanded.
personality. Alan was an inaugural
STICK TO ITS MANDATE Several times in recent years the Law Society has strayed from its
Director of the Real Estate Council
mandate, entertaining socially redeeming initiatives that are far removed from its mandate – governing
of Ontario, the regulator of real Ontario’s lawyers in the public interest. These projects consume valuable staff time and resources,
estate agents and brokers. Since with the cost being incurred by lawyers province-wide. To retain the privilege of self-regulation,
his 2003 election as a bencher, Alan Convocation and the Law Society must return and adhere to its raison d’être.
has served on many committees:
Finance and Audit; Government LIBRARIES Serving on LibraryCo’s Board of Directors has strengthened my appreciation of local
Relations; Compensation Fund; Sole law libraries and the vital services they provide to lawyers in small firms and smaller communities.
Practitioner and Small Firm Task Ongoing support for LibraryCo ensures that lawyers in all corners of the province have access to the
Force; Proceedings Authorization; legal resources they need.
Real Estate Working Group; and
UNREPRESENTED PARTIES Too often today parties have no legal representation, both inside and
LibraryCo. In addition, Alan is the outside the courtroom. A meaningful solution to this new reality is needed before it threatens one of the
past Chair of the provincial Motor Law Society’s core values – access to justice and legal services.
Vehicle Dealers Compensation
Fund. Alan has been in private UNBUNDLED LEGAL SERVICES The Law Society is considering whether, to what extent and in
practice since 1977, working on what practice areas lawyers could provide limited legal services for clients (for all other services, clients
TELUS’ Assyst Real Estate initiative would be self-represented). As gaps inevitably would lead to confusion and complaints, any new Law
from 2006 to 2010. Society guidelines must focus on those services a lawyer will not provide, not the services the client will
provide.

DISCIPLINE Sitting on the Proceedings Authorization Committee, I have witnessed first-hand the
underbelly of the legal profession in Ontario. Especially in the area of mortgage fraud, the activities of
a small minority of members are shameful and disgraceful. The Law Society must remain vigilant in
suspending and disbarring those lawyers who besmirch the honour and reputation of our profession.

SOLES AND SMALLS Sole practitioners and lawyers in small firms must continue to rank high on
the Law Society’s priority list, as they have the greatest contact with the public day in and day out.
“Soles and smalls” are vital in safeguarding access to justice, especially in non-urban areas, and in
providing legal services as solicitors to consumers.

CONVEYANCING Through the involvement of the Real Estate Working Group, lawyers have been
granted the exclusive right to register transfers. Many real estate practice issues still must be addressed,
including the need for a safe, secure, swift and cost-effective way of moving closing funds.

THE COST OF BEING A LAWYER The Law Society and LawPRO are facing serious financial
challenges. Pressure on their budgets is relentless. Yet the profession’s ability to fund their activities
with higher fees, increased levies and rising insurance premiums is fast approaching the tipping point.
The professional cost of practicing law must never become its impediment. Both the Law Society and
LawPRO must find ways to streamline their operations, hold down costs, and limit future fee / premium
increases.

More than ever, the next Convocation can reflect the current makeup of the profession at large – large
firm / small firm / sole practitioner; men and women; urban and rural; barrister and solicitor; newly
elected and veteran. With your valued support, I can be your voice at Convocation one more time.
52
William J. Simpson East • Est
Ottawa
Experience: For most of my career, I have contributed my time to professional organizations
whether local, such as the County of Carleton Law Association or to provincial lawyer
interest bodies, such as the Advocates’ Society, Ontario Bar Association and now, regulation
with the Law Society of Upper Canada.

There are 40 benchers to be elected this spring. Of those running, only about 12 of us have
bencher experience beyond this last term. Experience, mixed with new and younger lawyers,
gives the Law Society the best opportunity to govern in the interest of the public and the
profession.

Past Bencher Record: As a bencher, I have served on many committees and task forces
including Professional Development and Competence, Government Relations, Tribunals,
• Counsel to Tierney Stauffer,
Professional Regulation, Priority Planning, Equity, and Access to Justice. I have always been
Ottawa
conscious of the cost to the members of carrying out the Law Society’s mandate.
• Civil litigator with previous
experience in Family law and
Access to Justice: “Access to Justice” is an area that will be increasingly front and center
Criminal defence
in the next few years. The Law Society Act gives the Law Society the “duty to act so as to
• Recipient of Law Society Medal,
facilitate access to justice for the people of Ontario”.
Ontario Bar Association Award
for Distinguished Service
Access to justice issues will likely be the most challenging problems that the Law Society
and County of Carleton Law
will have in the next term. Attacks on self-regulation have already begun with criticism of the
Association Medal
Law Society in this area.
• Former President of the
Ontario Bar Association
I am currently the co-chair of this committee. This is an area that I would like to work with
• Member and former Director
the profession to solve some of the larger problems. The profession must be fully involved
of Advocates’ Society
if we are to make significant strides in improving the ability of Ontarians to access legal
• Founding and continuing
services.
member of Ontario Trial
Lawyers Association
Independent Bar: One of the underpinnings of our profession is self-regulation. In some
• Former President of County
countries such as the United Kingdom and Australia, lawyers have lost this right. The
of Carleton Law Association
independence of the Bar is constantly under attack. The Law Society must always be front
(CCLA)
and centre in ensuring that self-regulation continues. In the coming four years there will be
• Long-time organizer of
continuing pressure to ensure that our discipline process is fair, transparent and efficient to not
Continuing Legal Education
only the public but our members.
(CLE) including continuing
involvement with CCLA
Paralegals: In addition, I was very involved in the resolution of non-regulated paralegals.
Annual Civil Litigation
Our members for more than 20 years sought a resolution to the problems presented by
Conference at Montebello
unregulated non-lawyers delivering legal services. Agents had the right, by legislation, to
• First elected bencher of the
appear in Provincial Offences Court, Small Claims Court and Boards and Tribunals. The
Law Society of Upper Canada
amendments to the Law Society Act in 2006 gave the Law Society the mandate to govern
in 1999
those paralegals. Since then, without any costs to lawyers, the regulation of paralegals has
• Major involvement in the
been successful. At present I am Vice-Chair of the Paralegal Standing Committee. There will
resolution of Paralegal
undoubtedly, as in most areas, be upcoming issues that I would like to assist in solving.
regulation
• Presently on Audit,
Unauthorized Practice: The Law Society Act gives the Law Society the right to either
Government Relations and
prosecute under the Provincial Offences Act, or to seek an injunction to prohibit those who are
Professional Regulation
delivering legal services without being licensed.
Committees
• Vice Chair of Paralegal
I believe that there is room for the Law Society to increase its vigilance in shutting down
Standing Committee
those practising without a licence. This will continue to be a priority with me.
• Co-Chair of Access to
Justice Committee
Commitment: As a bencher, I will continue to use my experience as a practitioner, educator
and active volunteer to assist the Law Society to govern effectively in the public interest
while working cooperatively with the profession.

53
Andrew Spurgeon Central South • Centre-Sud
Hamilton

Enhancing the strength and independence of our profession is my prime objective if elected
bencher. The privilege of self-regulation has been lost in other jurisdictions. It must be
preserved in Ontario. My views on some of the issues are as follows:

Prudent Management of the Law Society and LawPRO – This is important in two ways.
On the one hand, it preserves the public’s confidence in self-regulation of our profession.
While on the other hand, it enhances legitimacy in the eyes of Lawyers who pay dues and
premiums to support self-regulation. Keeping a tight reign on costs for Members is always
a top concern.
Background:
Governance Reform – I support the governance changes recently adopted by the Law Society
Born, Kitchener, Ontario
including term limits on benchers and restrictions on the impact of life benchers on the
Married to Margot, two children –
policy making process in Convocation. One of the next areas of reform may be discipline
Betty and Madeleine
hearings. I support occasional employment of professional adjudicators in large or complex
Called to the Bar in 1995
discipline matters.
Partner, Ross & McBride LLP
Practice, civil litigation
Channel Support to Local Law Associations – As a former President of the Hamilton Law
B.A., M.A. (York)
Association I understand the importance of local law associations to the profession outside of
LL.B. (Osgoode)
Toronto. They are the primary support networks for sole practitioners and small firms all over
Ontario. Enhanced funding and support for them is a central concern of mine.
Professional Activities:
Director, Advocates’ Society
CLE – The Law Society now mandates CLE. I support diverse delivery of CLE from
Past President, Hamilton Law
local law associations, practice area based associations, law schools, the OBA and private
Association (2007)
companies. The Law Society should facilitate and support education at the local level, not
OTLA Distinguished Service Award
impede it nor compete with it.
(2006)
Editor, OTLA Case Notes,
Legal Aid - The Law Society should redouble aggressive lobbying effort to enhance Legal
(1998–2006)
Aid compensation for the Criminal and Family Law bars.
Deputy Judge, Small Claims Court
Instructor, Bar Admission Course
Women in the Profession – I support programs geared to retention of women in the private
(2000–2003)
practice of law. It is essential to create conditions to not only attract but retain the best and
Member, Hamilton Medical
brightest in private practice.
Legal Society
Many CLE articles, presentations
Paralegals – The Law Society must maintain clear boundaries as they now exist between
and papers
paralegals and lawyers in their scopes of practice. Paralegals are pursuing a project of
expanding into traditional solicitors’ work. This is not in the public interest.
Community Activities:
Clinical Ethics Committee,
I am proud to be running with my friends Joe Sullivan and James Scarfone also from
Hamilton Health Sciences
Hamilton. They are both excellent candidates and will make great benchers.
Corporation
Research Ethics Board, St. Joseph’s
Hospital
PLEASE VOTE – IT IS IMPORTANT THAT YOU DO.
Past Director, Umbrella Child and
THANK YOU FOR CONSIDERING MY CANDIDACY.
Family Services Hamilton

Endorsements:
The Hamilton Law Association

54
Joseph J. Sullivan Central South • Centre-Sud
Hamilton
www.joesullivanforbencher.ca

I am pleased to submit my name as candidate for bencher of the Law Society for the Central South
region. My views on some of the issues are as follows:

Self-Governance Status: I am pleased to be considered a reform candidate and to continue to analyze


and improve the governance of the profession by the Law Society. As several common law jurisdictions
have lost their self-governance status, I see this as a foremost objective of Convocation. This can never
be taken for granted. It is an honour and a privilege, not a right.

Recent Governance Changes: I strongly support the recent governance changes and the election
term limits imposed on benchers. To protect our self-governance status and to make the LSUC more
effective those elected by the profession should be the only benchers allowed to vote at Convocation and
Married (Siona Sullivan) with make policy.
three sons
These governance changes eliminated the right of many retired benchers and other officials from
McMaster University directing policy. This has been a very good development for the Law Associations outside Toronto.
(1977-1979)
Osgoode Hall Law School Retention of Female Lawyers in Private Practice: Ongoing efforts and study must take place to make
sure the best and brightest lawyers continue to practice in the core areas of private practice. We need to
(1979-1982)
find out how to effectively encourage this among female lawyers in particular and put into place systems
Called to Bar (1984) which support them.
Certified Specialist Civil Litigation
(1992-present) Legal Aid: Proper funding for legal aid is a major problem. Our country enshrines constitutional
protection for those accused of crimes yet seriously underfunds those asked to protect those rights
Member of: and freedoms: the criminal defense bar. The family law bar is entitled to the same strong lobbying for
Hamilton Law Association increases in legal aid funding for those cases.
Past President - 2004-05
Trustee 1999-2006 Paralegals and Our Responsibility: The Law Society governs both lawyers and paralegals. In my view
the LSUC must be careful not to allow paralegals to expand their practices into areas where lawyers are
required – most notably solicitor’s work. There is a serious public interest issue here.
Hamilton Medical Legal Society
1995-96, Director 1989-1996 Dues and Insurance: Reducing fees and looking for efficiencies, and cost savings must always be a top
priority.
Barrister Advisory Group
The Law Society of Upper Canada Continuing Legal Education: I have co-chaired two of Hamilton’s largest annual continuing education
(2009-present) events for the past ten years. Now that we have mandatory requirements I am committed to assuring the
(http://rc.lsuc.on.ca/jsp/ local associations that the LSUC will assist and promote this ongoing education at the local level. We do
licensingprocess/index.jsp) not need a cumbersome layer of bureaucracy at the LSUC.

Discipline Hearings: I also support the introduction of some professional adjudicators to handle
The Advocates’ Society complex discipline matters. On rare occasions, Law Society discipline decisions have been overturned
Canadian Bar Association by the courts and this can harm our self-governance status as it could put pressure on the Government of
American Bar Association Ontario to review how we are handling a critical element of governance – disciplining our members.
Women’s Law Association
In appropriate cases, it would be prudent to have a professional adjudicator sit on a discipline panel
Past Member: (with benchers) to deal with the more complex cases that come before discipline.
Law Society of Upper Canada
Civil Litigation Specialty Committee Closing: Along with myself, James Scarfone and Andrew Spurgeon will also be running from Hamilton
and they are fine candidates and will make excellent benchers.
(2004-2006)
Endorsements Include:
Past Board Chair ✓✓ Hamilton Law Association ✓✓ Meredith Jackson Donohue, St Catharines
St. Joseph’s Villa, Dundas, Ontario ✓✓ Gerald A. Swaye, Q.C., Hamilton ✓✓ Gary Enskat, Niagara Falls
✓✓ John F. Evans, Q.C., Hamilton ✓✓ William F. Elkin, St Catharines
Past Member: ✓✓ Kathryn McKague, Hamilton ✓✓ Paul J. Osier, Caledonia
Board of Directors of St. Joseph’s ✓✓ Rebecca Wissenz, Hamilton ✓✓ Robert J. Nightingale, Simcoe
Health Care System, Hamilton ✓✓ A. Jarvis Scott, Hamilton ✓✓ Michael T. Mollison Q.C., Kitchener
The United Way of Burlington ✓✓ Thomas G. Heintzman, O.C., Q.C., Toronto ✓✓ Paul G. Torrie, Toronto
and Hamilton
Please vote.

55
Joseph N. Tascona Central East • Centre-Est
Barrie
After 25 years in practice, I believe to be effective as a bencher one should have an
experience or understanding of the following:

Practice of law on Bay Street and in province


Large firm and sole practitioner practice
Democratic Governance
Business Management

In a nutshell, here is my experience:

Partner WeirFoulds, Toronto


Sole practitioner, Barrie
PROFESSIONAL
City of Barrie Councillor (1991-1995)
EXPERIENCE
Member of Provincial Parliament (1995-2007)
Called to Ontario bar 1985.
Membership in the legal profession for almost twenty-five years has enabled me to earn
Since qualification, practised
a living and participate in building my community as a volunteer, and my province as an
employment and labour law in
elected representative. As a sole practitioner outside of Metropolitan Toronto for the past
Toronto with WeirFoulds, where
nineteen years, I understand the challenges faced by sole practitioners and small firms
I was a partner and in Barrie
throughout Ontario.
since 1991 in own law firm.
Serving as a bencher would give me the opportunity to apply my experience on behalf of the
City of Barrie Councillor 1991
entire legal profession. As a former MPP, I know what has to be done to lobby governments
to 1995.
on behalf of the profession.
Member of Provincial Parliament
The main reason I want to serve as a bencher is to give something back to the legal profession
in Ontario 1995 to 2007. As MPP,
because it has been so important to me over the years. When I attended law school I had
served as Second Deputy Chair of
recently left the Ford Motor Company where I worked in labour relations in their Windsor
Committee of the Whole House
and Oakville operations, thinking I would practise labour law on Bay Street. The practice
and as a Parliamentary Assistant
of law led me to a career as a labour and employment lawyer in Toronto as a Partner with
to the Solicitor General; Minister
WeirFoulds. I entered the political arena when I was elected as a City of Barrie Councillor
of Education and Minister of
which took me to Barrie to practise as a sole practitioner. I served twelve plus years as an
Consumer and Business Services.
MPP, including roles as Second Deputy Chair of the Committee of the Whole House and
as a Parliamentary Assistant to the Solicitor General, Minister of Education and Minister
AFFILIATIONS
of Consumer and Business Services. I have continued to practise as a sole practitioner
specializing in labour and employment law.
Law Society of Upper Canada
Simcoe County Law Association
I fully understand that benchers are regulators. I believe that the profession deserves to be
Knights of Columbus
regulated with understanding since the members pay the fees that finance the regulation.
EDUCATION
The Law Society has made progress with respect to important issues of concern to the
members. I would work to address priorities by devoting whatever time is necessary to do the
Law Society of Upper Canada,
job, in particular proper funding for Legal Aid and in the resolution of family law disputes.
Osgoode Hall
Bar Admission Course, 1985
As professionals our responsibility is to serve in the public interest. We must also look after
the members’ interests at the same time. We must do so in a manner that will attract the
Queen’s University
calibre of members we want in the profession and protect the public interest. I would seek to
Bachelor of Laws, 1983
enhance membership and look after the profession in a principled manner.
McMaster University
My approach to bencher activities would be to promote the concerns of the sole practitioner
M.B.A., 1977
and small firms. In addition, I would encourage an emphasis on proactive, positive
communication.
McMaster University
B.A. (Hons.), 1975
While I am seeking election as a sole practitioner outside of Metropolitan Toronto, and as a
former partner in a Bay Street firm, I fully understand that large firms in urban centres have
their own challenges. I would work to represent the interests of all members.

I respectfully ask for your support.


56
Jerry B. Udell Southwest • Sud-Ouest
Windsor
Fellow members of the Law Society of Upper Canada,

I am pleased to announce my candidacy for bencher, and humbly ask for your support. I believe
I can put the knowledge and experience I have gained in more than 35 years of legal practice to
work for you, and that I am extremely well-positioned to protect the best interests of the profession
now and into the future.

I will focus on two broad themes once elected: (1) hot-button issues facing the profession, and (2)
creating a more positive public perception of lawyers.

Issues Facing Lawyers: Over the course of my career I have both managed a small practice and
participated in a partnership in a large firm. Based on this experience, I understand the challenges
Jerry graduated from Windsor that lawyers face across the board.
law in 1974 and was admitted to
the practice of law in 1976. He For example, junior lawyers today are exiting law school and entering the unemployment line.
began his career as part of a small Across Ontario, the future of our profession is graduating with elevated debt loads and, in direct
practice, but since 1993 has been contrast from the guidance of our Law Society, some even feel compelled to volunteer their
a partner with McTague Law services for free in the hopes of impressing senior counsel. I believe that we, as established and
Firm LLP, primarily with a focus seasoned members of the Law Society, should play a central role in addressing this important
issue.
on Real Estate, Commercial and
Business Law. Jerry is a member
Furthermore, it is time that our Law Society recognizes a host of other pressing issues facing
of the OBA Real Property
lawyers. As your elected bencher, I will work diligently to ensure our Law Society puts issues
Executive Committee, a member facing all lawyers at the fore.
of the CDLPA/OBA/ORELA Real
Property Working Group, and has This is a promise for action. Throughout my career, I have mentored countless articling students
been appointed by the LSUC to the and junior associates, all in the early stages of adjusting to the realities of practice and I have
Certification Board for Specialists. taught courses on behalf of the CBA, LSUC, OBA and University of Windsor. I believe that the
Law Society should officially sanction a mandatory mentorship program. A certified mentorship
Jerry has been married to his lovely program is essential for the long term care and maintenance of practice standards. It is my firm
and supportive wife Brenda, since belief that this program will ensure that our junior professionals are steered in the right direction
1974, and together they have raised from the outset, to maintain the core values and standards that we hold dear.
two children, Eli and Amanda.
Perceptions of the Profession: There is also the issue of perception. Today, the public’s
opinion of our noble profession as a whole is quite negative. Lawyer jokes are a dime-a-dozen.
Unfortunately, this perception may sometimes be justified. As a self-governing profession, we
have not always taken the necessary steps to ensure that lawyers who do not meet the highest
standards are unwelcome in the practice of law.

I am helping to change the status quo. Recently, I have appeared on behalf of the LSUC on a
number of occasions for the purpose of providing expert testimony during member disciplinary
actions. I have assisted with the administration of justice in our field by reviewing instances of
transactional fraud, and providing testimony regarding best practices in real estate law.

I do not believe that as lawyers we are solely to blame for this negative public perception. On the
contrary, the vast majority of you, my colleagues, are honest, morally upstanding and exemplary
members of our respective communities. However, as long as the Law Society’s disciplinary
system remains in its current form – selfishly protected from member feedback and public
consultation – the perception that most lawyers are dishonest and fraudulent, and that the Law
Society condones and perpetuates these negative qualities through its disciplinary system, will
remain.

Once elected, I will utilize the network of connections that I have built over the years to lobby
vigorously for an open and transparent disciplinary process. More specifically, I will work
to ensure that this reform results in a balanced system where members are dealt with quickly
and fairly, but not at the expense of our collective public image. We must demonstrate to the
public (to our clients) that those who fail to act ethically will be denied access to our prestigious
community – a community that requires years of hard work and determination to enter, decades
of commitment to earn and maintain a reputation, and a career to master. This is a community that
should be perceived with dignity.

I humbly request your support on April 29, 2011. 57


Mahzulfah S. Uppal Central West • Centre-Ouest
Brampton

As a lawyer who is both female and a visible minority, I believe that in order to best reflect
our diverse society, greater representation is needed for both of these communities within the
Law Society.

In 1994, I gained valuable experience while working for a Legal Aid clinic in Winnipeg,
Manitoba following my graduation from law school at Windsor University. The work in this
clinic provided me with hands-on experience while helping individuals who had little to no
means. This opportunity supplied me the experience necessary to recognize that there are
significant needs within our community for individuals, especially women, immigrants and
children.
Mahzulfah S. Uppal resides in the
City of Brampton, Region of Peel,
The need for a female voice is significant within the Law Society because of the unique
where she practises exclusively in
challenges women face in regards to maternity leave and assistance with childcare
the area of Family Law at Prouse,
responsibilities while at the same time maintaining a successful practice. The need to find
Dash & Crouch, LLP.
balance within one’s work and family life is applicable to men and women alike.
• Called to the Ontario Bar in
As a woman of colour I understand the challenges people within these groups face. We
1997
need to ensure doors are open to visible minorities and women so as to better represent our
• Called to Manitoba Bar in 1995
community. The public needs to see that there is not only representation that reflects our
• Graduated from University of
diverse community among lawyers but also in the body that governs their practice.
Windsor in 1994
• Undergraduate Degree
There needs to be inclusion and representation of small to mid-size firms within our
from York University in
governing body to meet the needs of sole practitioners and those practising in small to
Political Science
mid-size firms throughout Ontario.
Associations and
As a bencher, I would diligently work to address the issues women and minorities within the
Memberships:
legal profession face and do my utmost to act as their voice within the community.
• Active member of the
Peel Law Association since
2009 including Bench & Bar
Committee, and Peel Mediation
Board
• Member of the Board of
Directors for the North Peel
and Dufferin Legal Clinic
since 2009
• Member of the Board of
Director for the Elizabeth
Fry Society since 2009

58
Robert Wadden East • Est
Ottawa
The Law Society has dealt with challenging issues over the last four years, such as the regulation
of paralegals, the requirement for mandatory continuing education and the reform of governance.
The benchers you elect this year will have to deal with the implementation of these changes,
anticipate and identify new issues and provide the leadership necessary to face the challenges of
the next few years.

My Principles: I’ve served on many boards and committees, as part of my work as Crown
Counsel and within the legal community. I’m a Section Vice-Chair at the Ontario Bar Association
and I’ve served on the Board of Directors and Executive of the Ontario Crown Attorneys’
Association (OCAA).

The Law Society is created by statute and its functions, principles and powers are set out in the
Crown Prosecutor, Law Society Act. My view is that a bencher should ensure that the Law Society acts within its
Ministry of the Attorney General mandate and is fiscally prudent and responsible with its members’ funds. In the past, I applied
these principles as a Director and Treasurer of the OCAA in pressing for reform of financial
Vice-Chair, Public Sector oversight, and within the OBA in advocating for a review of the fee structure. It is the approach
Lawyers’ Section, OBA and attitude I would bring to the Law Society if elected.
Part-time Professor,
University of Ottawa Law School, Issues: Legal education, the role of paralegals, access to justice (including the adequacy of court
facilities, court support and Legal Aid), the Law Society’s discipline process and the place of
2001-08
articling in the profession will be among the issues to be identified and dealt with by the benchers
Co-Chair, Joint OCAA & CLA you elect.
Education Programs, 2010 - 2011
I bring the perspective of an experienced and busy trial counsel to these matters. Even my
Co-Director, Trial Advocacy experience as a teacher – as a part-time professor, a co-chair of criminal law programs, a director
Program, OCAA of an intensive advocacy course – has been gained while I have been in full-time practice with a
Mentor, LSUC Mentorship busy case-load.
Program
As a Crown I recognize the importance of a properly funded Legal Aid regime and the perils that
Called to the Bar in 1992 the increase in unrepresented litigants pose to the efficiency and fairness of the legal system. I also
understand the need for proper infrastructure and support in our courts.
Prior Professional Practice
Fasken Martineau 1989-93
I understand the importance of fairness, openness and efficiency in prosecution and adjudication,
Memberships principles which must be made as applicable to the Law Society’s discipline process as to the
Advocates’ Society courts.
Ontario Crown Attorneys’
Association As an educator and articling principal I have insight into the debate and competing viewpoints
Ontario Bar Association about the role of articling and an understanding of its importance as part of legal education.
County of Carleton Law
Personal: Balancing our Lives with the Practice of Law: My wife (a senior counsel at the
Association
Department of Justice) and I are both lawyers who’ve been raising two children while building
Osgoode Society for Legal History
our professional careers. Like many others, years of experience balancing a family, aging parents
Education and a busy practice have given me many insights into the complexity of being a lawyer in modern
University of Toronto, LL.B. 1990 society.
Memorial University of
Newfoundland, BA 1986 Balanced Representation and the Credibility of the Law Society: No matter what area of law
you practice, I hope you agree with me that the benchers should be elected from all practice areas
Community Involvement – whether public or private - and that more balanced representation enhances the credibility of the
School Council Member, Law Society as Ontario’s regulator of legal services. I hope you agree that my years of experience
OCDSB Elementary School as a trial prosecutor and public sector lawyer will allow me to make a meaningful contribution to
Volunteer Team Manager, the Law Society.
Ottawa Fury Youth Soccer
My thanks to the many lawyers, from all areas of practice, who have supported and endorsed my
Personal candidacy.
Married, to Erin McKey,
with two children Thank you for taking the time to review my material and consider voting for me as one of your
Website benchers from outside Toronto.
www.robertwadden.ca
or find me on Facebook or Website, Contact Information and Questions: For more information on me, for Questions
and Answers about the Bencher Election and to contact me please visit my website at www.
Linkedin
robertwadden.ca.
59
Diana Young Central West • Centre-Ouest
Mississauga

Why I Am Running For Bencher -

For you to be able to communicate with and access benchers.

I am running for bencher to strengthen the communication between the elected benchers and
the LSUC members who elected them.

I came across many stories that benchers, once elected, are largely inaccessible to the LSUC
members. I believe benchers should be more like other elected members of the public (be it
• Call to the Bar in 2002
municipal, provincial or otherwise), that benchers should be callable, and benchers should be
available to be involved with LSUC members’ requests for assistance once called upon.
• LL.B. from York University
(2000)
Once I am elected, I will devote my efforts to effect a Bencher Day on a monthly basis with
an open-house format for LSUC members to meet (at least some of) their benchers.
• Founder of Ontario Real Estate
Lawyers Association (2010)
I am a lawyer running a small firm, and the majority of our members are in that category.
I have strong feelings for and understanding of those working in small firms and those
newly called to the bar. This large group of members need an effective way to communicate
with benchers.

Fellow members who work in the big firms would also agree with me that it would be great to
be able to talk to a bencher in an open-house format.

Respectfully, I believe many of my fellow members agree with my view. Please vote for me
on Bencher Election day. Elected or otherwise, I will make an effort to host a regular meeting
between members and benchers. I will take it upon myself to invite benchers to come to these
open-house meetings.

60
Candidates from
Inside Toronto

Candidat(e)s de
Toronto

61
R. Lee Akazaki
Toronto
The Law Society. What is it for? The public suspects it exists to protect lawyers’ self-interest.
Some lawyers think the same way. You know its mandate is to serve the public, to uphold
professional standards and to promote Justice.
In 21st century Ontario, lawyers can no longer cling on to institutional trappings. We cannot
blame the public for failing to understand our professional heritage. In order to keep our
self-regulation safe from the clutches of “Tea Party” politics, we will need to prove we are
current and sensitive to public needs. To start, we need to train our sights on the priorities of
the Law Society, and keep them forever in focus. This is how I would describe them:
1. Discipline: A minority of lawyers bring the profession down by believing they are better
than non-lawyers, and also better than their colleagues. Time and again, lawyer arrogance
underlies incivility, refusal to accept responsibility for lifelong learning, and bad habits. It is
Gilbertson Davis
lawyers behaving badly who raise our membership fees and LawPro premiums. Let there be
Emerson LLP
no doubt about it.
• Partner and Senior Counsel
in boutique Civil Litigation 2. Regulation: It is like disliking spinach. We all encounter the Law Society’s intrusions,
and Insurance Law firm maybe only once a year. It is in the nature of regulation that it is inconvenient. It is in our
• Certified Specialist, 2000 nature, as lawyers, to feel invaded. Benchers cannot cure this dichotomy. Don’t believe
• Called to the Bar, 1990 anyone who promises to do so. What benchers can do is hold the Law Society accountable,
Ontario Bar Association / to deliver services to enhance lawyer competence and public trust, and to avoid useless or
Canadian Bar Association arbitrary measures.
• OBA President, 2010-11
Public administration depends on fact-based governance and leadership. Governors must
• OBA Vice-President, 2009-10
steer the ship. In turn, they must resist micromanagement of staff functions. I have worked
• Chair, Governance Committee,
with Law Society management for years. I have nothing but respect for their dedication to the
2009-10
integrity of our profession. Good people in the right places. Lawyers are not robots. Neither
• CBA Director, 2010-11
are the Law Society staff.
• CBA Fee Review Committee,
2010-11 3. Retention of Women: Women have been joining the profession in great numbers and are
• Chair, OBA CLE Committee, now the majority of new lawyers. Many enter private practice and also leave it in droves.
2008-09 Often, women do not see the opportunities for fulfilment, where sexism is unseen but
• Chair, OBA Civil Litigation pervasive. The Law Society must not relent in addressing the concerns of women in the
Section, 2008-09 legal workplace.
• Delegate, Uniform Law
Nevertheless, private sector law firms losing female lawyers to the public sector or
Conference of Canada,
to corporate Canada is not a loss to the profession. The demographic rise of talented
2008-09
institutionally-employed lawyers is an evolution of Law in our time. It is the Law Society’s
Law Society of
duty to appreciate the professional responsibility issues arising from this shift.
Upper Canada
• Barrister Advisory Group, 4. “Toronto and the Rest of Ontario”: No one would seek to run a government of Ontario
2005-09 with that as a platform, any more than using “Ontario and the Rest of Canada” to seek a
• Certified Specialist Review federal mandate. But that is how many Toronto lawyers still perceive legal politics. I have met
Group, 2007 with lawyers across this province in all kinds of settings. Lawyer regulation and discipline
JusticeNet.ca must apply community standards, and be sensitive to local realities. Cela veut dire aussi que
• Member, Advisory Board, la voix franco-ontarienne doit être entendue au sein du Conseil du Barreau.
2010-11
5. New Lawyers: New lawyers must be equipped to succeed. This is our collective
Other memberships and
responsibility, not only to them but also to the public. When the numbers of law school
community involvement:
graduates outstrip the capacity of the bar to generate articling positions, the Law Society
• L’Association des juristes
must, once again, be accountable for the competence of new members and allow them to go
d’expression française
forth with confidence. It must encourage more flexible arrangements, such as the sharing
de l’Ontario (AJEFO)
of articling students in non-urban settings, and set up the ethical criteria to facilitate these
• Ontario Justice Education
measures. The Law Society must also consider reintroducing Bar Admissions skills training.
Network (OJEN)
• Advocates’ Society 6. Diversity: Our leadership remains unrepresentative of a multicultural Canadian society.
• Toronto Lawyers Association The public at large has moved on, and wants our profession to help navigate a minefield of
• Women’s Legal Education cultural, religious and racial conflicts and perspectives.
& Action Fund (LEAF)
• Feminist History Society 7. Love for the Law: Gotta have it. Keep the law close to heart, and we will not fail to live up
to our end of the bargain with the public.

62
Basil Alexander
Toronto
Reasons to Elect Basil For Bencher

Vote for Better Access To Justice – Having worked in a social justice and public interest law
firm in the private sector for over six years (including as a co-manager), I bring a practical
perspective on how to increase access to justice for all. A multi-pronged approach is key:
changes and increases to Legal Aid are needed; creative ways to deal with court congestion
and costs (particularly in the civil and family areas) are needed; limited retainers may be
helpful; and we need to ensure that non-profit community organizations are able to provide
basic legal assistance to those in the greatest need without being unduly hampered by overly
broad regulations. In short, I will work towards the goal of practically increasing access for
all, and especially those who would not otherwise have access.
Perspectives I Can Bring Vote for Revitalization and Renewal – As bencher, I would integrate fresh perspectives
• Access to Justice on key issues facing the profession. In the coming years, we will all have to live up to and
• Small-Medium Firm deal with important issues such as: (1) recruitment in non-urban areas; (2) retention and
• Renewal and Diversity advancement issues, especially for women, visible minorities, and young lawyers; (3) the
• Results Oriented influx of over 1200 new lawyers each year and changing demographics; (4) the systemic
• Principled yet Pragmatic work-life balance problem; and more. I will bring new ideas to these issues, in part based
on my organizational experience, my public administration background, my knowledge of
Key Legal Experience how other professions have managed similar problems, and by including key groups (such as
• Klippensteins (04-) young lawyers) in the discussion. Our goal should be that the profession, ultimately, reflects
(incl. Ipperwash Inquiry the diversity of Canadian society as a whole.
and proposed Good G20
Class Action) Vote for Re-engagement – From what I see and hear, we seem to be unfortunately becoming
• Adjunct Professor, Osgoode more and more disconnected from the Law Society. This is despite the fact that we are in an
Hall Law School (09-) electronic era where we communicate more easily now and more than ever. I want to work
towards finding new and better ways for the Law Society to effectively communicate with
Selected Community and re-engage the membership. This is particularly important for groups that are historically
Organizations underrepresented at Convocation, such as lawyers under 40 and solicitors. Modern
• Ontario Association of Food technologies, including social media like Facebook and Twitter, may be important tools that
Banks (incl. Board of Directors we should be using more to try to bridge these gaps.
and Executive) Vote for Accountability and Experience – I have spent over a decade being elected and re-
• University of Victoria elected to various Boards and committees (including those with multi-million dollar budgets).
(incl. Board of Governors) My expertise, knowledge, and skills are transferable to the Law Society, and I know from
• McMaster University experience how to get things done in these settings. I also understand from experience the
(incl. University Planning serious responsibilities and tensions involved with managing budgets that are funded by
and Budget Committees) members. We need to be careful, strategic, and practical because not everything should be
(or can be) paid out of our dues. In addition, we must be careful about ensuring appropriate
Awards Recognizing Law Society oversight while avoiding over-regulation when the benefit may be minimal. We
Highest Levels of should also not be shy about strategically using advocacy and other tools where appropriate to
Community Service accomplish the Law Society’s mandate and goals.
• UVic Blue and Gold
• McMaster Honour M Vote for Character and Dedication – I have always tried to work for the greater good and
bigger picture to make things better over time. For example, in addition to my work with
2005 Call to the Bar various organizations, I have been a key part of the teams for the Estate of Dudley George
• Top 2.5% since the Ipperwash Inquiry and for the proposed Good G20 Class Action. I understand how
to hear and balance different perspectives and factors in order to come up with constructive
University Degrees criticism and pragmatic solutions. For me, it has always been about making a difference and,
• LL.B. (UVic) ultimately, helping people, which I will do for as long as I can.
• Master’s of Public
Administration (UVic) Selected Endorsements
• B. Arts Sc. (Hon.) (McMaster) Community/Academic: Gail Nyberg (Executive Director, Daily Bread Food Bank); Jamie
Cassels (UVic Law and previous VP Academic); Shin Imai (Osgoode)
Current Bencher / Other: Larry Banack; Trudi Brown (previous Treasurer/President, Law
Society of BC); Julian Falconer; Delia Opekokew (VP CCLA); Mark Sandler
Please feel free to visit me online at www.BasilForBencher.ca,
Facebook, Twitter, or email at elect@BasilForBencher.ca.
63
Raj Anand
Toronto
I would be excited and honoured to serve the legal profession and the public for a second term
as a bencher.
I was the proud recipient of your trust when I put my name forward for the first time in the
2007 election. The last four years presented a challenging learning curve for a rookie bencher,
but I will always be grateful for the opportunity I was given to confront important issues
facing lawyers, paralegals and the public.
After seven years on the Law Society’s Equity Advisory Group, I became Vice Chair of the
Equity and Aboriginal Issues Committee as a bencher. Our Committee received and began
to implement the 2008 Task Force report on retention of women lawyers in private practice.
A parental leave program involving financial assistance and development of locums was
begun in 2009 for small firms. The Justicia Project enlisted about 55 medium and large firms
Practice areas
across Ontario to work on gender demographic information, flexible work arrangements,
Civil, administrative, professional
networking, business development, mentoring and leadership skills development for women.
negligence, human rights,
Working groups on disability and aboriginal issues have continued to develop policies and
constitutional litigation
encourage practices to break down barriers for those providing and receiving legal services.
Adjudicator and mediator
I believe the Law Society must take concrete steps to address issues of discrimination,
Bencher 2007-11 harassment and barriers in the areas of race and sexual orientation. Prof. Ornstein’s valuable
2010 report documented the demographic shifts in representation of racialized lawyers in
Past Chair Ontario, but also pointed to disturbing evidence of lower compensation for racialized lawyers,
Pro Bono Law Ontario as well as differential rates of change in representation across racialized communities. There
U of T Law Alumni Council is evidently much work to be done, and the adoption of voluntary annual self-reporting by
Ontario Human Rights Commission members will assist in collecting the necessary demographic information in areas beyond
Ontario Human Rights Legal gender.
Support Centre
Over the last four years, I have also had the opportunity at the Law Society to apply my
experience in litigating, adjudicating and mediating civil and administrative disputes. A year
Former Director
after becoming a bencher, I was appointed by the Ontario government to put in place the
Advocates’ Society
Legal Support Centre, designed to provide access to justice under the new Human Rights
LAO and two clinics
Code. I made myself available for mediations and arbitrations alongside my private litigation
CAMH
practice and my duties on the Law Society Hearing Panel and Proceeding Management
Conference (essentially a “motions court”). Je préside aux auditions dans les deux langues
Member
officielles; pour moi, il est très important d’encourager le bilinguisme et l’épanouissement des
OBA, Advocates’ Society,
services juridiques de langue française en Ontario.
FACL, CABL, Court Challenges
Program Panel For the Tribunals, the traditional slate of lawyer conduct applications was supplemented by
paralegal good character hearings. I am now the Vice Chair of the Hearing Panel, and here
Teaching/CLE again, much work remains to be done. The Law Society Tribunals must continue to enhance
“The New Administrative Law”, their adjudication skills and case management procedures while addressing the distinctive
Osgoode LL.M. situation of lawyers and paralegals.
Contributor, professional liability
I was privileged to serve on the Licensing and Accreditation Task Force, which worked with
chapter, “Canadian Legal Practice”
lawyers, the academy, and ultimately Convocation and the Federation of Law Societies to
put in place the necessary educational standards to be a lawyer in this country. I also served
Recipient
on the Finance Committee, the Government Relations Committee and the Human Rights
Award of Justice, Advocates’ Society
Monitoring Group.
Law Society Medal
Professional Man of the Year, Before the last election, I was one of many lawyers who were concerned about how difficult
Indo-Canadian Chamber of it appeared to be to break into the exclusive sanctum of Convocation. I was happy to join the
Commerce Governance Task Force, which ultimately made recommendations that resulted in significant
Lifetime Achievement Award, SABA reform. The imposition of term limits and the abolition of life benchers was coupled with
Lexpert leading practitioner: measures to take advantage of benchers’ experience and institutional memory. I firmly
Litigation - Public Law, Professional believe, however, that greater rejuvenation, representativeness and diversity are vitally
Liability and Workplace Human important to the Law Society and the public interest. While I may have a more nuanced view
Rights of the “incumbent advantage” as I run for the second time, I believe the process of change
Best Lawyers listings: Administrative that has begun is irreversible. I hope to serve this time with a number of new benchers, and
and Public law, and Labour and probably a younger and more diverse group of benchers, alongside many talented benchers
Employment law and staff that I have worked with over the last four years.
Please contact me at WeirFoulds LLP with any inquiries at 416-947-5091 or
64 ranand@weirfoulds.com.
Steven Benmor
Toronto
One of the advantages of my years of volunteer work has been the opportunity to meet so many different
lawyers from so many walks of life - private practice, public service, academia as well as law students.
After years of listening to, challenging and considering the views of my fellow lawyers, I have decided
to seek a position at the table and be their (your) voice when important decisions are made affecting our
professional lives.
If you are reading this, then you must also be concerned about the research undertaken, reports written,
issues raised and choices made by Convocation.
Some of my ideas on how the Law Society can, and should, better serve the profession and the
public are:
Problem 1: A high volume of litigants in court are not represented by counsel.
• 43 years old On a daily basis, many lawyers like me are confronted with the dilemma posed by the number of
• married with 3 children litigants in criminal and family court that are not represented.
• sole practitioner since On one hand, the cost of operating a law practice must be factored into the fees we charge. On the other
1997 hand, every person charged with a criminal offence, forced to defend a CAS proceeding or facing a child
(1 associate, 2 law clerks custody hearing must have legal representation, and not be forced to navigate through the court system
and 1 articling student) and make representations to judges on their own.
• B.Sc., University of Toronto,
The high volume of unrepresented litigants in court is an epidemic. The entry of paralegals into
1990 the court system is not a solution. Sanctioning unbundled legal services is an idea that requires
• LL.B., University of Windsor, cautious examination.
1992
• LL.M. (Family Law), Osgoode A Solution to Problem 1: The problem requires immediate systemic attention, direct and forceful
advocacy to the federal and provincial governments for more funding and judicial resources, and a
Hall Law School, 2008
public relations campaign to educate Ontarians on the necessity of representation in the courts by
• Certified Specialist in counsel.
Family Law
• Adjunct Professor, Osgoode As a sole practitioner, a lawyer representing legal aid clients, a family law lawyer who appears in the
Hall Law School Ontario courts almost every day, I am asking for your vote so that I have the ability to address this crisis.
• Co-chair of the Board, Access Problem 2: The concerns, needs and interests of sole and small firm practitioners are not
For Parents and Children adequately reflected when the Law Society studies, and reforms, existing policies that affect
in Ontario lawyers.
• Executive Member, Family Sole practitioners, like me, have unique challenges that need to be understood and respected by our
Law Section, Ontario Bar governing body. We are the storefront of the legal profession. We interact with the public when they buy
Association a home, need a will, start a business, end a marriage and are charged with a crime.
• Member of the Board, Ontario
It is in the Law Society’s interest, but moreover, it is in the public’s interest to preserve, support and
Chapter, Association of even applaud this segment of the profession.
Family and Conciliation Courts
• Member of the Board, Ontario The ‘greying’ of the bar in smaller centres, coupled with a shortage of new lawyers (and articling
Network for the students) returning to, or moving to, such locales, has created a challenge for succession planning, for
mentorship, for Ontarians’ access to legal representation and to the proper functioning of the courts.
Prevention of Elder Abuse
• Member, The Advocates’ In small towns and major cities such as Ottawa, Kingston, Oshawa, Mississauga, Guelph, Hamilton,
Society London, Windsor and Toronto, sole and small firm practitioners are facing many challenges. The Law
• Member, Toronto Lawyers Society needs to answer our call for help.
Association A Solution to Problem 2: I want to see the Law Society create incentives for articling students and new
• Member, Family Lawyers lawyers to join lawyers and firms in smaller centres.
Association
Problem 3: Junior and intermediate counsel have unique needs that the Law Society must
www.BenmorForBencher.com address.
Lawyers, like me, who graduated from law school from the early 1990’s until now, who are between
25 and 45 years old, entered the profession in an era that differed from our predecessors.
We are part of the electronic age of law practice. We juggle our family/volunteer/professional
responsibilities with Blackberrys, iPads, remote desktops, tablet PC’s, all with less administrative
support than before.
We are forced to compete in the marketplace for the legal dollar and are constantly reminded by clients
what our colleagues charge for the same professional service.
A Solution to Problem 3: I believe that the Law Society needs input and direction from our population
of lawyers to reflect this new and changing profile of the bar.
I can be that representative and advocate. 65

www.BenmorForBencher.com
Robby Bernstein
Toronto
In putting myself forward for election as a bencher, I do not stand as a candidate of the left or
the right, or even of the centre. I do not represent any particular platform, nor do I have any
axes to grind.

I think that the Law Society is doing an excellent job in representing its members and serving
the public. In the 16 years that I have been practising law in Ontario, I have seen tremendous
changes for the better in the way that the Law Society is operating and is providing benefits to
its members and to the public.

This does not mean that there is no more work to be done – there always will be, because the
need for change is a continuous process.
Sole Practitioner
An example of a new challenge is the fact that smaller communities are finding it harder to
Barrister & Solicitor attract young lawyers to replace those who are retiring. I do not promise to produce ‘the’
solution to this problem or any other problem that the benchers will need to discuss.
Mediator & Arbitrator
I do, however, promise to approach this problem and all others with a completely open mind
BCom LL.B. BCL (Oxon) and a willingness to listen carefully to all perspectives, to contribute to the debates in a sensible
and intelligent fashion and to work collaboratively with my fellow benchers to produce
In practise for 27 years recommendations/solutions that will reflect the aspirations of the diverse spectrum of lawyers
and paralegals in Ontario – all the while never forgetting that the Law Society’s mandate is to
16 in Canada, 11 in England govern the profession in the public interest.

Partner in Goodman and Carr LLP I am pleased to advise that my candidacy is endorsed by the following Members:
until it closed in 2007
Stephen Bowman, Bennett Jones LLP
Author – Economic Loss Valerie Edwards, Torkin Manes LLP
(3rd edition, 2011) Peter Griffin, Lenczner Slaght Royce Smith Griffin LLP
Harvey Kirsh
For additional biographical Larry Lowenstein
information, see: Kenneth Prehogan, WeirFoulds LLP
www.bernsteinlaw.ca Lori Stoltz, Adair Morse LLP
Susan Vella, Rochon Genova LLP

Vote Sensibly – Vote for Robby Bernstein

66
Christopher D. Bredt
Toronto

A STRONG VOICE FOR REFORM


Both the public interest and the interest of the profession are served by an independent and
self-governing Bar that strives to improve access to justice and maintains high standards of
professionalism. Through my experience, in private practice, as a senior public servant, as an
adjunct professor, and more recently as a bencher, I have made significant contributions to the
governance of our profession. I have been, and will continue to be, a strong voice for reform
in Convocation.

PROFESSIONAL SERVICE Governance: Towards Greater Transparency and Accountability


• Bencher since 2008 As a member of the Task Force on Governance, I supported changes to the Law Society’s
- Chair, Audit Committee governance structure, including term limits, and eliminating the role of life benchers. These
- Past Vice-Chair, Finance are important changes which will increase turnover and permit greater participation in the
- Member, Governance Task governance of the Law Society by a younger and more diverse group of lawyers, and will also
Force, Priority & Planning make Convocation more democratic and accountable to the profession as a whole. Further
Committee reforms are necessary to:
- Hearing Panel (bilingual,
adjudicator on French • engage the profession by increasing the role of non-benchers on Law Society Committees
language hearings) and hearing panels;
• Trustee, Law Commission • improve the bencher expense policy and disclose it to the profession;
of Ontario • disclose bencher compensation to the profession; and
• Adjunct Professor, • focus on fiscal prudence - the Law Society needs to concentrate on its core
Osgoode Hall Law School responsibilities.
• Past Chair, OBA
Constitutional and Equity and Diversity: A More Inclusive Profession
Administration Law Sections We must expand opportunities for women, minorities and aboriginal peoples so that the
profession more closely resembles the face of our society. I supported the recommendations
COMMUNITY SERVICE of the Working Group on the Retention of Women in Private Practice. Women continue to
• Past Chair, CODE - a leave the profession in numbers far higher than men. We must continue to look for practical
charity focused on women’s solutions to effect change and increase the number of women remaining in the profession.
and children’s literacy in Africa;
Led climbs of Mt. Kilimanjaro
2006 and 2010 that raised over
Access to Justice: Sustainable Legal Aid
Legal Aid Ontario needs to have adequate, stable and secure funding so that lawyers, whether
$1 million for CODE’s literacy
in clinics or retained on certificates, have fair remuneration and the tools they require to do
programs in Tanzania
their jobs. The Law Society must be at the forefront of working towards a sustainable Legal
Aid program.
BACKGROUND
• Partner, Borden Ladner
Gervais Pro Bono: The Importance of Giving Back
• Law Clerk, Supreme Court I have acted on a pro bono basis in a number of constitutional cases, including cases on behalf
of Canada of the Canadian Civil Liberties Association, on behalf of the gay and lesbian community, and
• Served as Assistant on behalf of adoptive parents. The Law Society must show leadership in encouraging and
Deputy Minister developing pro bono legal programs.
Constitutional Policy for
Ontario during the Meech Lawyers in Smaller Firms and Communities: Expand Service
Lake and Charlottetown Sole practitioners and lawyers practising in smaller firms and communities face unique
constitutional negotiations challenges. The Law Society must expand its level of service, including support of local
libraries and creating accessible continuing education.

With your support, I hope to have the opportunity to continue to work for reform.

For further information, please email me at cbredt@blg.com or


visit my website at www.BredtforBencher.com.

67
Bill Burden
Toronto
My career gives me a unique perspective on the practice of law. I was born in Hamilton and
began practising there with a small firm. In the early 1980s, I moved to Toronto and practised
with another small firm. In 1985, I joined Cassels Brock. I have been part of the management
team at Cassels Brock for most of my career at the firm, including a lengthy term as managing
partner and many years as head of the litigation group. I understand both the business of law
and the challenges of practising law, both inside and outside of Toronto, at both small and
large firms.
CHALLENGES: We live in a world where the only constant is change. The danger for our
profession is not that things won’t change, but that they won’t change quickly enough to keep
pace with society.
• Women in Law: The Justicia Committee has spent many hours addressing issues that
• Married, three children
face women lawyers. My eldest daughter is a lawyer and a new mom. I see the challenges
facing her and other young lawyers as they try to balance the demands of these two roles.
• Trial and appellate litigation
This has caused me to appreciate the urgency of moving the Committee’s findings from a
experience at all levels of the
report to a reality.
courts; conducted numerous
• Unbundling Legal Services: While unbundling may assist some clients in gaining access
arbitrations
to legal services, it is not a substitute for adequately funded legal services. Unbundling
should be one part of the larger issue of access to justice. Lawyers providing these
• Executive Committee of
services need to do so in a way that enhances their business model without attracting
Cassels Brock & Blackwell LLP
liability.
for most of career, including a
• Outsourcing: There are jurisdictional, ethical and practice management challenges
number of years as Chairman
inherent in outsourcing that must be addressed.
• Technology: Technology provides the profession with greater options in the provision
• Former Chair of the
of legal services and a new set of ethical issues. How can technology assist lawyers in
Commercial Litigation Group,
providing legal services and marketing themselves, and what are the ethical dilemmas
Cassels Brock & Blackwell LLP
that go hand-in-hand with it? Is technological competence necessary to be a competent
lawyer?
Career History
• Balance: I am very aware of the increasing desire among young lawyers to achieve a
• Inch, Easterbrook, Shaker &
lifestyle balance with an increased focus on family. I am also well aware that lawyers
Crane, Hamilton
in smaller centres face particular challenges, and that balancing the practice of law as a
• Strathy, Archibald & Seagram,
profession with the business of law is not getting any easier. We ignore these issues at our
Toronto
peril.
• Cassels Brock & Blackwell LLP
• Legal Aid: While the efforts of lawyers who do pro bono work represent the best
(since 1985), Toronto
tradition of our profession, it is no substitute for a properly funded legal aid system. We
must exhort the government to provide the public with access to justice and to fairly
Education
compensate lawyers. Self-representation is already an epidemic in family law and is
• B.A. (Cum Laude),
growing in other areas. We need to harness the creativity of our profession and find
Yale University
ways to deliver effective legal services at reasonable rates, including to those who do not
• LL.B., University of Toronto
qualify for legal aid.
• CLE: We must expand programs on practice management, technical and business
Past Activities and
skills, and do so at a reasonable cost. We cannot ignore the increasing importance of the
Memberships
business aspect of practice.
• Past Instructor at the Bar
• Over-regulation: Regulatory procedures should be focused on the minority of lawyers
Admission Course (Insolvency)
whose behaviour is inappropriate and not on the majority who practise diligently and at
• Written and lectured in the
a high level. Over-regulation burdens the “good guys”. Law Society fees and LawPRO
insolvency/litigation area
premiums have a disproportionate impact on sole practitioners and small firms.
• Former member of the
• Discipline: Disputes must be resolved quickly. A lawyer cannot have a complaint
Executive of the Ontario
hanging over his or her head indefinitely. The public interest is not served by drawn-out
Insolvency Section of the CBA
hearings, and the reputation of the profession suffers. Mortgage fraud cases have become
• Insolvency Institute of Canada
a particular problem.
• International Insolvency
• Demographics: The “greying effect” in rural Ontario could have a significant impact on
Institute
those who depend on these lawyers for legal services. These communities must continue
• The Advocates’ Society
to receive the excellent service that they are currently receiving.
SUMMARY: The public has entrusted us with self-governance and the profession must
continually demonstrate that it is deserving of that trust. Being a good bencher is ultimately
about good judgment and common sense. I seek your support for an opportunity to
demonstrate that I can bring these qualities to this important work.
68
John E. Callaghan
Toronto
A PROUD PROFESSION: I am proud to be a lawyer.

The demands on our professional time are increasing. We now all require mandatory CPD;
we are requested to do more pro bono work; we have a society requiring more affordable
legal services. For sole practitioners and those in small firms, these demands can be even
more daunting. Yet we are still trying to raise families, participate in our communities and, all
the while, retain some level of sanity!

I have had the privilege to teach aspiring young lawyers, to be involved in most of the civil
reforms of the last 15 years (of which there have been many), and to participate in many
of our professional organizations. My litigation practice has taken me across our province,
with particularly long stints in Cornwall and Walkerton, where I acted as counsel on those
• Married, three children
important inquiries. My concern for the future of our profession has led me to ask for your
• Partner, Gowling Lafleur
support for my candidacy for bencher.
Henderson LLP
AN INDEPENDENT PROFESSION: Thankfully our profession has some say in how we
Career
govern ourselves. The independence afforded by our self-regulated status is precious and
• A commercial, civil and
we need to protect it as it allows us to chart a course to ensure that we are responsible not
regulatory litigator
only to the public but also to ourselves. Benchers must govern in a manner that enhances the
• Gowlings National
public’s perception of lawyers and engenders pride in our profession. Equally, the profession
Commercial Litigation
must stand independent of government. As an example, the efforts of lawyers who provide
Practice Group Leader
pro bono legal services are a credit to our profession. The Law Society, along with the Law
Foundation and Pro Bono Law Ontario do an admirable job in creating an environment
Current Activities
that permits our profession to give back to our communities. However, these can never be a
• Member, Civil Rules
substitute for a properly funded legal aid system, which we must strive to obtain.
Committee for Ontario
• Director, Institute for Civility
AN AFFORDABLE PROFESSION: An independent profession must also be an affordable
and Professionalism
profession. Benchers must remain vigilant to ensure future fees, and any fee increases, are
• Director, Institute for Clinical
manageable for all our members. To ensure this remains the case, we must closely monitor
Evaluative Sciences
LawPRO’s and the Law Society’s operations to ensure that our members receive the best
• Co-author, Class Action,
possible value for their money.
Law and Practice
• Lecturer on civil procedure,
A PROFESSION FOR ALL: Sole practitioners and small firms in rural and urban areas are
trial advocacy and class actions
the backbone of our profession and must be supported. That support must emanate from the
• Coach, son’s hockey team
Law Society. The Law Society needs both innovative and practical tools to permit small firms
• Member: Advocates’ Society,
and those who practise as sole practitioners to thrive. Similarly, efforts to provide mentoring
Canadian Bar Association,
to young and mid-level lawyers practising on their own need to be enhanced.
Toronto Lawyers Association,
Thomas More Guild
There also needs to be greater focus on ensuring women remain in the profession. My wife
also has a busy legal practice. Trying to balance the needs of our profession and our family
Past Activities
is a daunting task. How one practises is an individual choice; nonetheless, the Law Society
• Clerk, Supreme Court of the
needs to continue to explore ways to ensure more women continue to practise their chosen
Northwest Territories
profession.
• Fox Scholar
• Adjunct Professor, University
A RESPONSIBLE PROFESSION: In order to avoid government intervention in our
of Toronto Law School
profession, the Law Society must continue to deliver a transparent and effective discipline
• Chairman, Simplified Rules
process. But this does not mean that all lawyers must be prosecuted. Instead, we need to
Review Committee
consider more diversionary resolutions including mentoring lawyers, particularly young
• Director, Advocates’ Society
lawyers who fall afoul of our discipline system. This approach will increase public confidence
and in the long run, reduce future discipline costs.

MY PLEDGE: I think that those of you who know me would agree that I am receptive to
new ideas and, as a bencher, I would be keen to hear your ideas and respond to your concerns.
If elected, I pledge to devote my energy and my enthusiasm to making this a better profession
for all of us. You have my commitment to work hard on your behalf.

69
John A. Campion
Toronto
Dear Colleague,

This election represents an opportunity to raise issues of importance to governance of the


profession. I invite you to give me your views during the election and during my term. It has
been a very fruitful four years since the last election. I look for your support to continue that
work.

In my years as bencher and on the Federation of Law Societies, I have been involved in the
process of reform: reform of Law Society governance to encourage broader participation in
this election; the role of women in the profession; the recreation of CanLII; the “Canadian”
project whereby all lawyers in Canada can practise throughout the country; and the
advancement of national standards in the regulation of lawyers.
LSUC and Federation of Law
Societies Firstly, let me emphasize the “independence” issue as it affects the rule of law. It is a right that
• Elected bencher – must be continuously earned by Ontario lawyers through excellence and access to justice for
2000 to 2011 all who require it. Other world jurisdictions (England and Australia) have lost independence
• President, Executive, Council through poor regulation.
Member: Federation – 2007 to
2011 To justify the Ontario legal profession’s continued independence, the Law Society as a
• Federation Projects: National regulator, must be able to justify a cradle to grave continuum of excellence in serving the
Mobility, Model Code, CanLII public to the Attorney-General. Ontario lawyers, through the work of our Law Society and
• Chair: Litigation Committee(s) the Federation of Law Societies over the last six years, have made great strides in enhancing
– LSUC, Federation excellence. All Ontario lawyers are now “Canadian lawyers”, called to the Ontario Bar. Each
Ontario lawyer is now free to practise in every other Canadian jurisdiction, including Quebec.
Professional Experience Each lawyer is regulated and insured accordingly.
• Senior trial, appellate,
administrative and arbitration Canada is the first federal jurisdiction in the world to have its legal profession mobile across
counsel throughout Canada the country. As a result of this mobility, our Law Society on its own and through cooperation
• Partner, Chair, Litigation and in the Federation, has made great strides in creating national standards to match the new
firm Chair, Fasken Martineau conception of lawyers as a Canadian profession. These national standards include a Model
• Adjunct professor of law: Code, close to its final form, uniform discipline standards, a move toward national Bar
Osgoode Hall and University of admissions and entrance testing, articling, law school education and competencies required
Toronto Law Schools (1983- for a student seeking admission to the Bar, admissions of foreign lawyers, diversity in the
1999); Lecturer profession and access to justice to ensure legal service to all of the “publics” in Ontario and
• Author: Professional Liability in elsewhere in Canada.
Canada
In aid of all these major initiatives, our Law Society, through the Federation, has moved to
reconstitute and invigorate CanLII, the universal and free research tool of Canadian legal
Community
precedent, available to every lawyer and every member of the public across Canada.
• Dickson Circle - pro bono work
for persons with disabilities
It has been my privilege to be the President of the Federation last year and prior to that, the
• Director, Canadian
Ontario representative on the Federation, and a member of the Executive. In March 2010,
Broadcasting Corporation
I signed the agreement with the Province of Quebec to provide for the final step in creating
• President, The Empire Club
the pan Canadian mobility of lawyers, ensuring lawyers from Quebec are officially known as
• Commissioner - Ontario
“Canadian lawyers”.
Election Finances Commission
• Arbor Award - “Outstanding As a result of the initiatives toward national standards, lawyers and the Law Society are in
Contribution to The University a strong position to justify the public confidence in self-governance. Regulation matters and
of Toronto” over the last 11 years, the Law Society has adapted to new demands and expectations to
ensure excellent service to the Ontario public.

The future contains an equal number of challenges: the retention of women in the profession;
the maintenance of articling as law schools expand their total enrolments; the impact of
technology on our professional relationships; the role of in-house counsel; the business
globalization of our enterprises and culture; the ageing of the profession, particularly in small
towns and remote areas where young lawyers are less likely to practise; conflicts of interest
policy; diversity; quality of practice life; equality are some of the issues which I look forward
to addressing in the next four years.

I have been privileged to serve and worked hard to deserve the privilege. I hope you will
70
consider my candidacy.
Sudha Chandra
Toronto

I am a sole practitioner based in Toronto, Ontario. If elected, this position will allow me
to actively canvas the problems faced by new lawyers and sole practitioners including
advocating the following:

• Free CLE courses for new lawyers for competency


• Role of title insurance companies for real estate law practitioners
• Financial assistance to small law firms for hiring articling students by matching the
stipends paid those students by the law firms
• Regular communications between benchers and the profession.
LL.B. (University of Western
I would be honoured to serve you and ask for your support by voting for me in the 2011
Ontario) 1993
Bencher Election.
Called: 1997

Harvard Law School – 2001


Program of Instructions
for Lawyers

Intellectual Property, International


Law and Economic Policy
International Economic Relations,
Tort Reform

Harvard Law School:


Mediation Workshop – 2002
Negotiations Workshop – 2003

Professional Experience:

Acted as a Judge for White &


Case Canadian Philip C. Jessup
International Moot Court
Competition:
• 2009 University of Western
Ontario, London
• 2010 Osgoode Hall, Toronto
• March 2011 University of
Calgary, Alberta.

Sole Practitioner – Since 2005


1996 – 2004 worked in USA for the
following corporations:
• Colgate-Palmolive, Legal
Department, New York
• AT&T (Real Estate and
Corporate Division), New
Jersey
• Seegar & Weiss, P.C., New York,
in a class action suit against
insurance companies.

Languages: Hindi, Punjabi, French


(basic)

71
Mary Louise Dickson
Toronto
I am running for bencher because I wish to continue to contribute my experience to Convocation.
I have served in Convocation since July 2003 and have served on the Access to Justice, Equity
& Aboriginal Issues, Finance & Audit, Law Society Foundation, Proceedings Authorization,
Professional Development & Competence and Professional Regulation Committees and served
as Summary Disposition Bencher. I am currently on the Access to Justice Committee, the
Law Society Foundation and am a vice-chair of the Professional Development & Competence
Committee and the Law Society of Upper Canada representative on the Ontario Courts
Accessibility Advisory Committee.

I have practiced law from many perspectives in large firms and an all-women small firm. The focus
of my practice has been in the areas of will and trust planning, powers of attorney for property and
MARY LOUISE DICKSON, O.Ont., personal care, mental incompetency applications, estate administration, pensions, personal income
Q.C., presently a bencher of the tax planning and charities. I have acted for large corporate clients and individuals. I was a member
Law Society of Upper Canada, of the Canadian Human Rights Commission for six years. The Commission dealt with complaints
serves on the Access to Justice, Law by ordinary individuals against large government departments, issues of systemic discrimination,
Society Foundation, Professional pay equity and employment equity and administrative problems resulting from backlogs and
Development, Competence & resulting delays.
Admissions and Ontario Courts
Accessibility Advisory Committees. I have also been interested in my many communities and have worked to serve them. I have
She graduated from Osgoode served on many sections and committees of the Ontario and Canadian Bar Associations. Currently
Hall Law School and is a partner I am a director of Centre for Independent Living in Toronto. I incorporated and was a director and
of Dickson, MacGregor, Appell vice-president and secretary of Camp Awakening, a program that provides trip camping experience
LLP practising in the areas of to disabled children in regular camps, was a member of the Investment Committee of the Office of
estate planning, tax and charities the Public Guardian and Trustee, the Ontario Advisory Council on the Physically Handicapped, a
and a member of the Law Society director of Lyndhurst Hospital, the Canadian Paraplegic Association and a director and secretary of
of Upper Canada, Canadian Bar Northhill District Home Owner’s Association.
Association, Society of Trust and
Estate Practitioners, Canadian Tax I have participated in many legal education seminars and programs and co-authored Ontario Estate
Foundation, Estate Planning Council Practice, The Wills Book - Benefits, Wills, Trusts and Personal Decisions Involving People with
of Toronto, American College of Disabilities in Ontario published by the Ontario Association for Community Living and Consider a
Trust and Estate Counsel, and Henson Trust sponsored by Reena and The Law Foundation of Ontario.
International Academy of Estate and
Trust Law, and a former member Through my experiences I have gained an understanding of problems faced by diverse groups - the
of the Canadian Human Rights disabled, the marginalized as well as the more prosperous members of society and practitioners
Commission. who act for individuals as a result of the erosion of their business base through changes in
real estate practice, do-it-yourself will kits and legal work assumed by paralegals. I bring this
experience and understanding to identifying the needs of the profession to enable us to continue to
provide a high level of competent service to our clients.

If elected I will work to maintain the relevance of the Law Society of Upper Canada to the
profession at large and sole practitioners in particular in both rural and urban centers. I will work
to promote professional development and support to practitioners.
1. Appointed to the Order of Ontario.
2. Distinguished Service Award of the CBAO.
3. Honoured by STEP for services to the legal profession and the disabled community.
4. Recipient of President’s Award from Women’s Law Association of Ontario for Work as
Mentor and Educator within the Legal Community.
5. Recipient of the first Distinguished Old Girl Award from The Bishop Strachan School.
6. Past Chair CBAO Wills and Trusts Section and of the Wills and Trusts Section (National).
7. Past President Estate Planning Council of Toronto.
8. Co-founder and past Chair of the CBAO Pensions and Benefits Section and past head of
Optional Bar Admission Course on Pensions.
9. Co-author of Ontario Estate Practice, The Wills Book - Benefits, Wills, Trusts and Personal
Decisions Involving People with Disabilities in Ontario published by the Ontario Association
for Community Living and Consider a Henson Trust sponsored by Reena and The Law
Foundation of Ontario.
10. Former editor of The Philanthropist.
72
11. Past President of Canadian Bar Financial Corporation.
Carmen L. Diges
Toronto
Now in my third run for bencher, I have fewer words, and a call to action.
The LSUC mandate has become far too broad. All the studies, all the costs and much of the
administrative bureaucracy that burden the LSUC need to be pared down as they serve neither
the public interest nor the profession.
The profession has changed and the LSUC needs to change with it.
Bottom line: We need to recast the LSUC mandate and priorities so that they are relevant as
an organization whose mandate is to regulate the legal profession in the public interest.
A call to the profession: I need your help to define the mandate for the next Convocation and
the changes needed to our governing body.
SELECTED BACKGROUND I invite you to enter into that debate. I will be conducting my campaign entirely through
social and electronic media, where I hope to ignite our discussions. Unlike 4 and 8 years ago,
Director mainstream technology can now provide a platform for us to:
• Rider Training Institute
(motorcycle training, • define the blueprint of change required
safety, education) • identify the issues that Convocation needs to address and prioritize
(inception – present)
• Canadian Environmental • make the LSUC more relevant to the profession and the public
Defence Fund (1994-1996)
• Three Trilliums (Independent
Living Movement) (1994-2001) How you can contribute:
Follow me on Twitter @cdiges, or LinkedIn, where I’ll be sending out weekly tweets to
Founder provoke discussion and reflection.
• PinstripeMystic –
Life Training Systems Check out my blog, “LSUC Blogprint 4 Change” at cdigesforbencher.blog.com where
I’ll be posting my contributions to the debate and my platform details or email me at
Member cdigesforbencher@hotmail.com. I encourage you to engage, communicate, and be part of
• Illegals Motorcycle Club the discussion.
• Women in Capital Markets Win or lose, I hope that this forum and our collective thoughts will contribute to constructive
• Women in Mining discussion at Convocation. Let’s find out together what the power of the digital word can do.

Appointments
• IBA Executive –
Mining Committee
• OBA Executive – Natural
Resources Group (2002-2005)

Education
• Year of Call 1995
• LL.M. – Osgoode Hall
Law School
• LL.B. – Dalhousie University
• B.A. – Philosophy, International
Relations, University of Toronto
• CFA Charterholder,
CFA Institute

Other
Competitive Cyclist
Personal Trainer and coach
Master Instructor –
Mad Dogg Athletics
Nascent DJ

73
Kevin Doan
Toronto

COMMITMENTS

1. To improve member services and Law Society culture


2. To minimize fees, levies and reduce the costs of the practice of law
3. To reduce errors and omissions using free resources
4. To hold paralegals accountable to Law Society Act standards

For the last three years, I have had the privilege of serving on the Board of Directors of the
PROFESSIONAL Ontario Trial Lawyers Association where I developed and worked with many of the ideas
ACTIVITIES: which inform my commitments as bencher today. I look forward to honouring your vote
and confidence with dedication and persistence.
• Called to the Bar 1996
• B.Sc., U. of T., 1988 1. To improve member services and Law Society culture
• J.D., Osgoode Hall, 1994 Pursuing excellent member services by the Law Society is in the best public interest.
• Certified Specialist in Civil An inclusive and genuine culture of service to its members improves all facets of the
Litigation since 2008 legal profession. It improves morale, enhances participation, and positions us well
• Speaker at CLE conferences on to harvest our greatest free resource, namely the collective knowledge, creativity and
trial advocacy and insurance imagination of 42,000 lawyers of a world-class jurisdiction, as we address our challenges
law including access to justice, equity, and women retention. To start, new easy to remember
• Practice areas: injury litigation email addresses questions@lsuc.on.ca and ideas@lsuc.on.ca should be created to reduce
and professional malpractice navigation for answers or services, and ease the collection of ideas and creativity 24/7.

COMMUNITY 2. To minimize fees, levies and reduce the costs of the practice of law
INVOLVEMENT: An effective professional calling depends on its viability as a professional business.
Benchers must therefore be responsible stewards of members’ fees and premiums.
• Board of Directors of Ontario Benchers must also find ways to creatively develop free or low-cost services to
Trial Lawyers Association support law practices using our economy of scale, and our free volunteer corps of
– participated in various talented practitioners, scholars and judges. The Law Society must also manage and use
committees: Insurance, Rules, its extensive substantive knowledge in various areas of law to inexpensively benefit its
CLE, Policy and Research members in the service of the public.
• Mentor:
- Law Society of 3. To reduce errors and omissions using free resources
Upper Canada The practice of law does not have to be as unwieldy or haphazard as it can be in
- Ontario Trial several areas of law including family, personal injury, immigration, residential real estate
Lawyers Association and wills and estates for the average practitioner. We must develop our free resources
- Federation of and through our economy of scale implement inexpensive improvements to the practice
Asian-Canadian Lawyers of law, further reduce errors and omissions, reduce the costs of the practice of law, and
• Trial Lawyers for Veterans improve service to the public concurrently.
• Former member of Board of
Directors of Metro Toronto The catalyst in mobilizing our generous and talented volunteers is free: the prestige
Chinese & Southeast Asian commanded by the Law Society itself. More awards and recognition must be deployed
Legal Clinic to effectively develop our free and renewable resources.

MEMBER: 4. To hold paralegals accountable to Law Society Act standards


The Act requires that paralegals be “equally” competent, knowledgeable and professional
• Ontario Bar Association as lawyers in the provision of the legal services paralegals provide (section 4.1(b)). The
• Advocates’ Society Law Society must actively enforce this legislated standard to maintain quality in legal
• Federation of Asian services and public confidence in the legal profession.
Canadian Lawyers
• Ontario Trial
Lawyers Association

74
Julian N. Falconer
Toronto
What I Bring to the Table: Personally and professionally, I bring diversity to the table. As
a trial lawyer from a small firm, I practise in a broad cross-section of areas. I have enjoyed
the privilege of representing key players in the African-Canadian, Aboriginal and Muslim
communities as well as other communities whose interests warrant protection. I believe that
this background translates to valuable access to colleagues and their perspectives, which
enables me to speak as a voice for many. As a new bencher, one has to resist the temptation to
fall into a “scatter gun” approach to proposed change but I believe that there are key areas that
do call for serious change.

Access + Transparency = True Accountability: I sense a fundamental disconnect between


the Law Society and many in the profession, particularly younger lawyers. At Convocation,
we make vital decisions that affect members across the profession. In spite of this reality, less
Partner: Falconer Charney LLP
than 30% of our members vote in bencher elections, and even fewer follow or understand our
www.falconercharney.com
work. Paradoxically, while open to the public, Convocation has no public gallery. There is
simply no physical room in the historic Convocation boardroom for a soul beyond benchers
University of Alberta/
and staff. Social media and webcasting are important tools to give the general membership
Faculty of Law (1984-1987)
opportunities for input and engagement. A logical next step in the 21st century is to webcast
the public portions of our proceedings. It is time to open Convocation’s doors.
Practice focus: civil/criminal/
administrative proceedings with
Regulation with a Conscience: While the Law Society’s statutory mandate is to regulate
an emphasis on public interest
the profession in the public interest, the question arises as to what the public interest
litigation. Prominent clients have
encompasses. Among other imperatives, I say that this must mean “regulation with a
included Maher Arar, who made
conscience”. While the Law Society has evinced a commitment to ideals of equity and access
Canadian legal history in receiving
to justice through the establishment of the Equity and Aboriginal Issues and the Access to
the largest human rights settlement
Justice Committees, we lack the infrastructure to actually deliver on these ideals on the
allotted to an individual plaintiff
ground. I am anxious to participate in making these structural changes a reality.
and the family of Ashley Smith,
who died in custody at Grand
Support for Our Colleagues: The Law Society and LawPRO need to commit resources to
Valley Penitentiary. Julian also
providing real supports for sole and small firm practitioners who do not have access to the
represents lawyers, police officers
kind of guidance to be found in larger settings. The 2010 Ornstein Law Society Report amply
and judicial officers.
demonstrates that supports in these sectors raise important racial and gender issues within the
profession that must be tackled head on. I have endeavoured to make many of these issues my
Publications: Constitutional law,
life’s work. Since becoming a bencher I have developed a formal mentoring proposal that is
Racial bias and Inquests.
directed at the creation of a paid panel of mentors to advise sole and small firm practitioners
of all backgrounds who face claim and discipline issues. Given the very substantial increase
Honours: Selected: Canada’s Top
in payouts in recent years on LawPRO claims relating to sole and small firms, there is a
25 most influential lawyers
compelling business case for such a program. I believe that the same can be inferred on the
(Canadian Lawyer, August 2010);
regulatory side.
Selected: University of Toronto’s
100 most notable graduates
Furthermore, while Law Society medals should recognize the dedication of those lawyers
of the twentieth century; the
whose practices suffer due to their work for disadvantaged communities, there needs to be
Distinguished Public Service award
more. In my view reductions in fees and insurance premiums for these lawyers is a good start.
from the Canadian Association of
Black Lawyers; Urban Alliance
Small Firm Lawyer with Big Ideas: I grew up in a small town in Quebec and went to law
Race-Relations Medal
school at the University of Alberta. The label “Toronto lawyer” is accurate but fails to capture
who I am. Sole and small firms make up the majority of lawyers in the province and yet too
often the Law Society is perceived as being weighted towards the larger and more established
firms in major city centres. My trial practice takes me to courthouses throughout Ontario,
allowing me to appreciate the important regional distinctions that must be taken into account
when regulating in respect of the entire profession.

To govern effectively as a bencher, it is important to transcend those issues that divide the
profession and search for common goals and interests with a view to uniting us as advocates
and solicitors. Ours is a wonderful profession and it is an honour to participate in its
governance.

75
Ben Fedunchak
Toronto

Open Letter to the Membership Regarding Bencher Issues

Benchers have traditionally been looked upon as regulators of the profession on behalf of the
public and governments. Who then acts for the benefit of the individual members? One might
suggest that the various Associations throughout the province fulfil this function. However,
although these Associations provide valuable input and suggestions, they do not have a
mechanism to put these inputs and suggestions into effect. Therefore, it is important to have
elected benchers who are going to have the interests of the membership as a priority while
promoting an environment that advocates access to justice. If elected, I plan to be just such a
bencher advocating the following issues:
Sole Practitioner
• Trial Lawyer
Continuing Legal Education
• Over 25 years of experience
The mandatory continuing education programme should be eliminated and replaced with a
• Practice extends throughout
self-education programme oriented around a combination of readings, lectures and recorded
Ontario
materials in a chosen area of practice.
Education
LawPRO
• Graduate of Queen’s
The basic premium for LawPRO for 2011 has increased by approximately $400.00 per year.
Law School
Premiums will undoubtedly continue to increase if steps aren’t taken immediately to reduce
• Graduate of University
and control costs. A comprehensive evaluation of LawPRO must be undertaken so that steps
of Toronto
can be initiated to deal with the problem or to seek viable alternatives.
• Graduate of McMaster
University
Access to Justice
Benchers have an inherent duty to promote access to Justice. This must be more than a simple
Memberships
cliche. Benchers must use their influence to encourage governments to provide adequate
• Member of Lawyer Referral
funding and resources to groups and agencies that provide legal services for individuals and
Service
groups that are financially challenged.
• Member of Legal Aid Panel
• Member of Extremely Serious
Legal Aid Ontario
Criminal Charges Panel
Far too many individuals are unrepresented in legal matters. This extends beyond
criminal matters into the areas of civil, family and immigration matters. Consequences
Supporter and Sponsor
for unrepresented individuals can be enormous and are far too numerous to be listed here.
• Canadian Cancer Society
The Legal Aid system in Ontario is contracting in access and scope. The reverse should
• Heart and Stroke Foundation
be the norm and benchers should be taking the lead in promoting this direction. Legal Aid
• The Salvation Army
eligibility requirements should be expanded to cover individuals of modest or limited means
• Make-A-Wish Foundation
in not only areas of criminal law but also in areas of civil, family and immigration law with
• Mental Health Association
extensions into other areas of law not mentioned above and funded by payment agreements or
of Ontario
appropriate liens.
• Toronto General Western
Hospital Foundation
Pensions, Health Care and Disability Benefits
• Society for the Prevention
Benchers should review the feasibility of the LSUC providing vehicles for sponsored pension,
of Cruelty to Animals
health care and disability benefits. With 40,000 members, there are important synergies that
can be utilized in providing various competitive benefits to the membership.

Invitation to the Membership


The above is only a partial list of issues that I feel are important to the membership. There
are unquestionably other issues and I would encourage members to contact me with their
comments and suggestions:
Telephone: 416-431-1122
Fax: 416-431-1133
Mail: 885 Progress Ave., Suite LPH 5, Toronto, ON M1H 3G3
Email: wbfedunchak@on.aibn.com

76
Joseph Richard Forget
Toronto
This member strongly believes and promotes access to justice to all with proper legal
representation. Without proper legal representation, the justice system becomes of little, or of
no assistance, for many individuals who simply desire to have a legitimate matter determined
pursuant to the rule of law. Proper legal representation is not just for the privileged few, or
for the qualified few of our society. Rather, this member believes that a just and equitable
society must at all times provide the availability of proper legal representation in any court
of law to anyone who has a legitimate matter to be heard. If left unchanged, any barrier that
prevents individuals to be properly represented, not only acts against the individual’s self
interest but, also will burden the administration of justice, that will eventually lead to further
encumbrances on other institutions of our society outside the justice system. The Law Society
must not only ensure that licenced members are competent to render legal representation but,
must also further strive to ensure that ultimately the licenced members do in fact render the
This francophone member is a
required legal services for everyone who may have a legitimate matter.
graduate from the University of
Ottawa. He was admitted as a
This member also believes and promotes good partnership between lawyer members with
member of the Law Society of
paralegal members to assist in providing proper legal representation. The administration
Upper Canada in 1991 and, of
of justice can be better served when lawyers and paralegals work collectively as oppose to
British Columbia in 1994. He
individually. The Law Society may chose to facilitate lawyers and paralegals that decide to
practised law for sixteen years in
work together within the judicial system. Such a new relationship may eventually result in
the District of Thunder Bay after
more individuals having proper legal representation.
which he relocated to the City of
Toronto. He often provides legal
services in French.
Ce membre croit fortement à l’accès à la justice pour tous et favorise une représentation
juridique appropriée. Sans représentation juridique appropriée, le système de justice offre
peu d’assistance, voire aucune, à beaucoup de personnes qui désirent simplement que soit
Ce membre francophone est
déterminée une question légitime conformément à la règle de droit. Une représentation
diplômé de l’Université d’Ottawa.
juridique appropriée n’est pas réservée à quelques privilégiés ou à quelques personnes ayant
Il a été admis comme membre du
droit à l’aide juridique. Au contraire, ce membre estime qu’une société juste et équitable
Barreau du Haut-Canada en 1991
doit en tout temps fournir la disponibilité d’une représentation juridique appropriée devant
et de la Colombie-Britannique
une cour de justice à toute personne qui veut faire entendre une question légitime. Si cela
en 1994. Il a pratiqué le droit
est inchangé, tout obstacle qui empêche les individus d’être correctement représentés va
pendant seize ans dans le district
non seulement contre les intérêts de cette personne, mais constitue également un fardeau
de Thunder Bay, après quoi il a
pour l’administration de la justice, ce qui pourrait entraîner des surcharges pour les autres
déménagé dans la ville de Toronto.
institutions de notre société à l’extérieur du système de justice. Le Barreau doit non seulement
Il fournit souvent des services
assurer que les membres sont compétents pour faire de la représentation juridique, mais doit
juridiques en français.
s’efforcer également de veiller à ce que les membres rendent vraiment les services juridiques
nécessaires à tous ceux qui peuvent avoir une question légitime.

Ce membre favorise également un bon partenariat entre les membres avocats et les membres
parajuristes pour aider à fournir une représentation juridique appropriée. L’administration
de la justice peut être mieux servie lorsque les avocats et les parajuristes travaillent
collectivement et non individuellement. Le Barreau peut choisir de faciliter la relation des
avocats et des parajuristes qui décident de travailler ensemble au sein du système judiciaire.
Ce nouveau type de relation pourrait permettre à plus de personnes d’avoir une représentation
juridique appropriée.

77
Henry Gluch
Toronto
Only 31% of the public trusts us.* Lawyers are perceived as self-interested, deceptive, amoral
or incompetent. We must change the public’s poor perception of our profession and the Law
Society must lead the way. Otherwise, we risk losing the privilege of self-regulation.

The rule of law distinguishes our jurisdiction from other less desirable places to live,
work and carry on business. More needs to be done to reinforce with the public our role as
administrators of the rule of law.

The public interest and the interests of the profession will be served by:

• transparency in the regulation of the profession;


• continued promotion of civility between lawyers: it need not erode zealous representation
Over 20 years experience as a tax
of clients;
litigator – trial and appellate work
• maintaining high standards for those entering the profession;
• ensuring that affordable continuing legal education is available to lawyers throughout the
General Counsel, Department of
province;
Justice
• facilitating access to justice.
Professional membership:
I look forward to the opportunity to advance these causes as an elected bencher and to work
• Advocates’ Society
on the other challenges our profession will face.
• Association of Justice Counsel
• Canadian Tax Foundation
Né et élevé à Montréal, le fils d’immigrants, je me débrouille couramment en français et en
polonais.
Education:
• McGill University (B.Mus. ’84)
I articled with a private firm in Kitchener and have been a tax litigator with the Department of
• Osgoode Hall (LL.B. ’87)
Justice in Toronto since being called to the bar in 1989.
Frequent speaker and instructor
I believe in the profession. I am optimistic.
on tax law, advocacy and privilege
If you elect me as a bencher, I will discharge my duties with integrity.
Former National Professional
Development Coordinator for the
For more information on my background and my views, please go to www.gluch.ca.
Department of Justice, Tax Law
Division

Leader, Advocats Big Band

* National poll conducted by Ipsos Reid on behalf of PostMedia News, January 11, 2011

78
Avvy Yao-Yao Go
Toronto
We’ve Only Just Begun

If half of success in life is just showing up, then racialized lawyers and lawyers working in legal clinics
need to dramatically increase their presence in the halls of the Law Society.

Let’s look at some facts and figures based in part on the 2006 Census:
214 – The number of years since the Law Society of Upper Canada was founded
60 – The percentage of the newest cohort of lawyers in Ontario who are women
38 – The percentage of all lawyers in Ontario who are women
25 – The percentage of the population in Ontario who are racialized
(either Aboriginal or people of colour)
• Call to the Bar (1991) 14 – The current number of women elected benchers out of a total of 40
• Bencher (2001-2003, Nov 2006 11.5 – The percentage of all Ontario lawyers who are people of colour
- present)
5 – The current number of elected benchers from Aboriginal communities and communities of
• Member of Access to Justice
colour
Committee, Equity and
Aboriginal Issues Committee 1 – The current number of elected benchers working in a legal clinic
and Professional Regulations 0 – The number of current LSUC initiatives specifically targeting the challenges
Committee, Human Rights facing racialized lawyers and lawyers working in the legal aid system
Monitoring Group, LSUC
In recent times, the Law Society has made significant strides in promoting gender equity within the
• Clinic Director, Metro Toronto
legal profession. While women lawyers still have to contend with many systemic barriers in their career,
Chinese & Southeast Asian there is no denying that progress has been made. For that, we are indebted to the many women benchers
Legal Clinic (1992 – present) and countless lawyers behind the Justicia Project, among other initiatives. Undoubtedly, the increased
• Board member, Ontario Justice proportion of women benchers has made a difference on the gender equity front.
Education Network (2010 –
present) But the struggle for racial equity continues and foundational issues such as access to justice by low
• Part-time Adjudicator, Health income Ontarians are yet to be fully addressed. The 2010 Report by Professor Michael Ornstein
Professions Appeal and Review commissioned by the LSUC highlights the ever increasing income gaps between racialized lawyers on
Board (2005 – present) the one hand and non-racialized lawyers on the other hand.
• Recipient of Women’s Law
Racial inequities in the legal profession may well be a reflection of the broader societal problem we all
Association of Ontario face in Ontario. Members of racialized communities are two to six times more likely to live in poverty –
President’s Award (2002) disparities that prevail across all major cities in Ontario. These are also the communities that will most
and City of Toronto William benefit from a well funded and sustainable legal aid system, but are the ones whose needs are most often
Hubbard Race Relations Award neglected by those in power.
(2008)
• LL.B., University of Toronto A related yet distinct challenge that the profession must grapple with, is the apparent over representation
(1989) of sole practitioners who are being hauled before the Society for disciplinary actions. These lawyers,
• LL.M., Osgoode Hall Law many of whom happen to be racialized, need more institutional support to succeed.
School (1997)
Thankfully some small steps have been taken to address these issues.
• Articled at Weir & Foulds
• Former Vice-Chair, Court To start, funding for legal aid has increased, due to the dedicated advocacy of lawyers who are
Challenges Program committed to promoting access to justice. Yet everyone agrees that even with the increased investment,
• Co-founder, Colour of Poverty the legal aid system as a whole remains grossly under-funded and inequitably accessible. With its
Campaign mandate and influence, the Law Society needs to and should play a much stronger advocacy role in
promoting legal aid.

Secondly, the Law Society has recently begun a dialogue on how to address the challenges facing
racialized lawyers. As well, the need for a well funded and meaningful mentorship program for all sole
and small firm practitioners – racialized or otherwise – is being discussed. Encouragingly, there are
benchers who are committed to taking these initiatives to the next stage.

As the Ornstein report concludes, “The future will bring an increasingly diverse legal profession.
Profound demographic changes will challenge the profession to achieve corresponding cultural change
and equity within the profession.”

The faces of the legal profession are changing everyday, so are the people who depend on its services.
Convocation has an obligation to address the above noted challenges head on. The Law Society can
ill afford to ignore equity for all Ontarians in general let alone for members of the legal profession in
particular. It is now up to all members of the legal profession to make sure that the Law Society finishes
what it has just begun. 79
Alan D. Gold
Toronto
Alan D. Gold Professional Corporation, Barristers,
20 Adelaide Street East, Suite 210, Toronto, M5C 2T6.

I am seeking reelection as a bencher. It has been an honour and a pleasure to serve two
terms as an elected bencher. During that time I have served on the Litigation Committee,
the Professional Regulation Committee, the Sole Practitioner and Small Firm Task Force,
as Chair of the Appeal Panel, and most recently as the Chair of the Hearing Panel.

As a practising criminal lawyer operating a small law firm with two associates and two
students, I tend to focus on issues of concern to criminal lawyers and sole practitioners or
small firms. I understand life in a small law firm and as well as the problems faced by those
• Called 1973
who have chosen to dedicate themselves to a criminal law practice. Four years as President
of the Criminal Lawyers’ Association provided a rigorous education in governance and the
• Practice restricted to
problems facing the Bar of this Province. Securing proper funding and a healthy future for
criminal law. Defended
Legal Aid Ontario remains a crucial issue for the Society and all the Benchers, as does
major trial matters. Argued
the incorporation of paralegals into the legal landscape and their role in the criminal and
several hundred appeals.
quasi-criminal context. As a Bencher, I will deal with these issues in the way that the
criminal bar and small firm practitioners have the right to expect.
• Gold Medalist Queen’s
University Faculty of Law,
As a writer and speaker on legal topics, I have an obvious respect for continuing legal
1970
education, something that has taken on additional significance since the introduction of
mandatory continuing education. I have always appreciated the importance to the Bar
• Frequent CLE lecturer.
of reasonably-priced, high quality educational programs and materials. I have planned
Authored numerous articles
and taken part in many dozens of such programs, and will continue this involvement as a
and several books on criminal
bencher. Continuing education is an essential requirement that must be made available to
law, including Alan D. Gold’s
the profession in a variety of convenient modes, along with the necessary research materials
Criminal Law Netletter, The
and self-education tools. Technology can be ever more effectively harnessed to increase
Practitioner’s Annotated
the accessibility and convenience of continuing education resources, whether a lawyer is in
Criminal Code (published
downtown Toronto or downtown Pickle Lake. In that way the Law Society working with
annually since 2007) and
groups such as the Advocates’ Society helps the Bar throughout Ontario be better able to
Expert Evidence: The Scientific
serve clients.
Approach (2nd edition 2009).

• Past President, Criminal


Lawyers Association,
November 1997 to
November 2001.

• Certified Specialist in Criminal


Litigation by Law Society and
First Chair of the Law Society’s
Criminal Litigation Specialty
Committee for five years.

• Inductee, American College


of Trial Lawyers. Member
Advocates’ Society and
other organizations.

• Honoured in 1997 with


the G. Arthur Martin
Award for Contribution
to Criminal Justice.

80
Howard Goldblatt
Toronto
I am running for bencher because I believe that the regulation of the profession should reflect the
needs of all lawyers in the province.
As my firm has grown from four lawyers to 50, with offices in Ottawa and Toronto, I have
experienced the challenges faced by lawyers in both small and mid-sized firms. As the parent of a
young lawyer who has recently entered the profession, and as a mentor to associates in our firm, I
am also aware of the concerns of new members of our profession. As a bencher, I intend to work
to ensure that the Law Society’s initiatives, including continuing education requirements and the
application of emerging technologies, benefit everyone - from lawyers in large firms in major
centres to those in smaller and solo practices across the province.
Many candidates for bencher will campaign on issues of access to justice, equity and diversity.
What distinguishes my candidacy is that my firm has been a leader for change on all these fronts.
• Founding Partner, I intend to bring that perspective and experience, and my continuing commitment to advocate for
Sack Goldblatt Mitchell LLP significant improvements in these areas, to my work as a bencher.
• Born in Hamilton, Ont. Access to Justice
• Called to the Bar 1976
• Graduate, Osgoode Hall Last year, our firm represented criminal lawyers in their struggle to obtain improved legal aid
Law School funding so that they are able to provide affordable legal representation to low and middle income
• B.A. from the University clients. I count myself among those who believe the benchers did not do enough to support the
of Toronto; M. Sc. from criminal lawyers’ legal aid boycott. If elected, I will continue to advocate for improved access to
Cornell University the legal aid system, and for the ability of all members of the public to have access to quality legal
representation and justice.
• Best Lawyers’ Labour and
Employment Lawyer of the Retention and Advancement of Women
Year 2010
While positive steps have been taken in this direction, much more work is required to ensure the
• One of Lexpert’s leading
retention and advancement of women in the legal profession. I am proud that our firm has been
500 lawyers in Canada at the forefront of progressive change in this regard. We have an accommodating maternity and
• Fellow, Ontario Teachers’ parental leave policy, we have supported flexible work arrangements (for both female and male
Federation lawyers) and we are enthusiastic participants in the Law Society’s Justicia Project. As a bencher, I
• Meritorious Award for will actively promote the adoption of best practices to ensure that women continue to be attracted
service, Ontario Public School to the practice of law and are able to remain and thrive in the profession.
Teachers’ Federation
• Married, three children, Pension Plan for Lawyers
unabashedly proud grandfather I have litigated pension cases at all levels of the courts, including the Supreme Court of Canada.
• Baseball fanatic I understand how pensions work and how important they are to enable individuals to retire with
income security and dignity. Yet most lawyers in Ontario do not have access to a pension plan and
must instead rely on the RRSP rollercoaster. The 32,000 lawyers in Ontario provide the necessary
Supported by Leading critical mass to sustain a viable pension plan for the legal profession. As a bencher, I will work to
Members of the Bar, establish a voluntary pension plan for lawyers in the province.
including: Equality and Diversity
Larry Banack
Paul Cavalluzzo Throughout my career, I have worked to advance the interests of employees with disabilities,
Marlys Edwardh women, members of First Nations, and members of the LGBT communities. As a bencher, I
William Kaplan will continue to demonstrate my commitment to equality and diversity by pressing for policies
to ensure that our profession advances human rights values and reflects the needs of the diverse
The Hon. Bob Rae, MP
communities we serve.
Linda Rothstein
Access to the Profession
Skyrocketing tuition fees have negatively affected access to both law schools and the profession.
Heavy debt loads have pressed recent graduates to seek out high-paying positions rather than
careers in public service or smaller communities. As a bencher, I will advocate for measures to
improve access to the profession for all qualified candidates, and will work for enhanced debt
relief for those entering the profession. I am also interested in improving access to mentors for
young sole practitioners and finding solutions for the growing crisis concerning the placement of
articling students in Ontario.
I am hardworking, energetic and a practical problem solver. I would be honoured to represent you.
For more information, email me at: goldblattforbencher@sgmlaw.com, or visit my website:
www.sgmlaw.com/GoldblattforBencher or my Facebook page: www.facebook.com/
GoldblattforBencher
81
Monica Goyal
Toronto
What is the future of law?
• Technology innovation is happening at a rapid pace.
• Rising rate of self-representation.
• Legal Outsourcing.
• Many new law graduates and new paralegals licensed every year.
The last ten years have seen numerous changes in the practice of law, most notably in the relationship
between law and technology.
The future of law is commoditization, where technology will play a crucial role, not only in the
delivery of legal services, but also in practice management, and marketing.
Cloud computing, virtual practices, and legal outsourcing - these will be terms that all lawyers will have
some familiarity with in the coming years.
Monica Goyal is a technology Cloud Computing. Many of us already use web-based services such as Gmail, Facebook and Yahoo, or
entrepreneur and the brainchild practice management software such as Clio. Companies are considering moving their information onto
of My Legal Briefcase. After the Cloud, because services on the Cloud offer huge cost savings.
graduating with her undergraduate
Virtual Legal Practices where a lawyer engages clients over the Internet and the client could possibly
degree from the University of
be anywhere.
Waterloo, where she was a
Dean’s List Scholar, Monica Legal Outsourcing. This is seeing traction in the United States and in the UK and is bound to build
attended Stanford University momentum here.
where she earned her Masters What impact will these trends have on the legal job market, especially for those just entering the
in Electrical Engineering. Monica profession? What concerns are there around jurisdiction, client confidentiality, conflicts, and security?
also holds a law degree from the
As the Law Society grapples with the implications these changes will have on the practice of law, care
University of Toronto. will be needed to ensure there is a flexible framework in place to guide lawyers, not over-regulate them,
and not tax them so as to discourage innovation. I see great potential in these areas, and a potential role
Monica’s volunteer work with for the Law Society to act as a vanguard of change. But we will need benchers, like me, who understand
organizations such as Griffin technology, and have a vision for the future.
Centre, Adventure Place,
During the upcoming provincial and federal elections, we will likely hear more slogans like those used
Downtown Legal Services, and in the recent City of Toronto election, such as “Stop the gravy train”. And our client’s expectation will
Pro Bono Law Canada has given be that we provide services in the most efficient and cost-effective manner. Technology is a way to do
her insight into the accessibility that, and the effective use of it could be a way for the Law Society to reduce its costs.
and affordability of legal needs for
My business venture, My Legal Briefcase, makes Small Claims Court more accessible and affordable
the marginalized. She developed
for regular people. I challenge all of us to think about innovations within the legal practice that make it
My Legal Briefcase to more accessible and affordable to the general public. And if we all do, imagine what the future of law
empower individuals going to could be.
Small Claims Court.
I am also concerned about the following:
Articling Students will find it harder to find positions. In the interim, they will have invested years of
• Blog Small Claims Court –
time and money to meet the requirements to be called to the bar. We need to keep revisiting this problem
www.mylegalbriefcase.com/ until we have a fair solution for everyone.
blog
Equity in the Legal Profession
• Twitter @mgmlb
Equity to me is synonymous with diversity of representation. We need the right mix of age, ethnic
• Articled at Gowling background, gender, disability, and small and large firms as reflected in our community, and to
Lafleur Henderson adequately understand and address the barriers faced by lawyers.
Sole Practitioners and Small Firms and New Calls
Law schools are good teachers of the law, but not the business of law. So lawyers starting their own
practice turn to the Law Society for assistance, and the resources available falls short for what they
need. They are further burdened, as are sole practitioners, and small firms, by high Law Society fees.
I also see Law Society fees as a barrier to diversity in practice, public interest work, and flexible work
hours, and something that needs to be curbed at every possible opportunity.
Thank you for your support and trust in me. If elected I will bring a fresh approach to Convocation, one
which looks at the future of law, while still maintaining the high ethical standards of the profession. I
will be committed to fiscal responsibility, and will continually search for creative solutions to reduce our
fees.
Please visit my bencher Facebook page, and share with me your concerns. Together we can work to
bring about change.

82
Dan Guttman
Toronto
FOUR REASONS TO VOTE FOR DAN:
1) I am a progressive lawyer with a demonstrated record of public service. A bit about me:
2009 Arlene Goss Award Recipient (from the Advocates’ Society)
- For distinguished advocacy and contribution to community
- see www.advocates.ca/Advocacy-and-Practice/Awards.html
Chair, Toronto Network, Human Rights Watch (since 2009)
2010 OJEN Great Debate Participant (on the use of airport body scanners)
- See www.ojen.ca/program/134
Successfully argued the recent Criminal Lawyers Association v. Ontario in the Supreme Court of
Canada
- Six other Supreme Court of Canada constitutional cases including Hislop v. Canada
Work Experience: - Successfully argued over 30 appeals in the Ontario Court of Appeal
• Counsel, Constitutional Law
Clerk to the Hon. Michel Bastarache, Supreme Court of Canada (1999-2000)
Branch, MAG Ontario (2001 -
Present) Married to Shaun O’Brien (Partner - Cavalluzzo, Hayes) with three children
• Etobicoke Crown Attorney’s 2) I UNDERSTAND WHAT IT MEANS TO WORK IN THE PUBLIC INTEREST
Office (2010 - Secondment) My entire career has involved working in the public interest (first as a clerk at the Federal Court of
• Crown Law Office Criminal, Appeal and the Supreme Court of Canada, then at the Ministry of the Attorney General of Ontario). In
MAG Ontario (2008 - addition to my public law practice, I teach courses at the University of Windsor and Osgoode Hall Law
Secondment) School, advocacy workshops for the Advocates’ Society and am a frequent speaker and commentator on
constitutional law issues.
• Summer Student (Media/Public
Law), Blakes (1997, 1998) 3) I HAVE BROAD EXPERIENCE OUTSIDE TORONTO
• Summer Student NHLPA Besides teaching constitutional litigation at the University of Windsor for eight years, I have also argued
(Salary Arbitrations) (1996) cases in Belleville, Bleinhem, Brampton, Brockville, Chatham-Kent, Cornwall, Guelph, Hamilton,
Kenora, Kingston, Kitchener, London, Newmarket, North Bay, Oshawa, Ottawa, St. Catharines,
Stratford, Thunder Bay, Whitby and Windsor. I have always been impressed with the professionalism
Community Involvement
and courtesy of the lawyers I have dealt with in these jurisdictions. From this experience, I understand
and Teaching: that lawyers outside Toronto have very different priorities and concerns.
• Speaker, HRW Film Festival
(2010, 2011) 4) I BELIEVE THE DIVERSITY IN THE PROFESSION SHOULD BE REFLECTED IN
• Lawyers Feed the Hungry CONVOCATION
The make-up of Convocation should reflect the diversity in practices, including lawyers from large firms
(Bowling Team Captain 2004)
and small, from sole practitioners to in-house counsel. The rich diversity of the lawyers in the profession
• Adjunct Professor should also be reflected in Convocation. Please consider this when casting your vote. In particular I
(Constitutional Litigation), believe that lawyers in their first 15 years of practice should have an approachable bencher who can
University of Windsor express their perspectives and concerns at Convocation.
• Adjunct Professor (Trial
ACCESSS TO JUSTICE AND THE LAW SOCIETY: THE NEXT FOUR YEARS
Advocacy), Osgoode Hall
I believe in a full and robust Legal Aid system. In the next four years, the Law Society will be faced
• Advocacy Instructor, with other complex access to justice issues. These include the “greying” of the profession, especially
Advocates’ Society outside urban centres, which will dramatically affect the ability of people in these communities to retain
• Intensive Trial Advocacy a local lawyer; and the increasing number of self-represented people in the courts. The Law Society
Workshop, Guest Instructor should also address to the extent possible the current lack of sufficient articling positions for graduating
(Osgoode Hall Law School) law students. Unfortunately, the pressure on positions will only increase with the possibility of more law
• Executive, OBA Constitutional schools being opened in Ontario. It is unacceptable that 20-30% of graduating law students cannot find
Law Section (2004-6) an articling position.
• ALOC, Board of Directors In addition, the Law Society should expand its support of young lawyers. In this regard, the Law Society
2002-9 (Executive 2004) should consider expanding the Parental Leave Assistance Program for sole practitioners and lawyers at
• Guest Lecturer University of small firms. It should also support young lawyer initiatives like the newly established Young Women in
Toronto and Ottawa the Law.
For more details, visit my bencher page at DanGuttman.com or on Facebook.
Education:
• LL.M. (Comparative CLOSING STATEMENT
If you are looking for an approachable, progressive and hard-working lawyer to represent you at
Constitutional Law) UNSW,
Convocation please support my candidacy. It truly would be an honour to serve as one of your benchers.
Sydney, Australia Please vote, and encourage others to vote, as this is an extremely important election for the Law Society
• LL.B. University of Windsor and all lawyers in Ontario.
• B.S.C. Queen’s University
Je m’engage à contribuer avec toute mon expérience, mon énergie et mon enthousiasme à promouvoir
les efforts du Barreau. Je sollicite respectueusement votre appui.

ENDORSED BY THE ASSOCIATION OF LAW OFFICERS OF THE CROWN


83
Nabeel Haque
Toronto

The public interest is best taken care of


by a profession that takes care of its members

I am a second generation lawyer operating a successful law practice in Toronto. After graduating from
the University of Manitoba, I had the privilege of articling under my father and late uncle with whom
I was exposed to a wide breadth of the law. With almost 10 years of experience as a sole practitioner,
I have gained the relevant experience to truly understand how to run a successful practice. Earning the
trust of clients by showing a genuine commitment to protecting their interests, focusing the scope of my
practice, and offering useful solutions to legal problems have been the key to my success as a lawyer
and as a business man. While I am an experienced lawyer and an entrepreneur, I am young enough to
know the challenges faced by new lawyers and the need to address these issues early in their careers.

BACKGROUND: What makes a good lawyer


• Born, Kampala Uganda
I believe that lawyers perform best when happy and focused. It is fundamental that lawyers must be
• B.A. (Hon) University of
secure in their own practice before being in a position to effectively protect the public interest. Programs
Western Ontario, 1996 designed to help new lawyers in running their practice as sound businesses should be made available
• LL.B. University of Manitoba and promoted. Of course the practice of law has and always will be a profession first; however by
• Called to the Bar, 2002 reducing financial and administrative burdens, members will be able to focus on the law. Lawyers
who are fiscally secure would be more likely to do pro bono work, charge fees commensurate with the
MEMBERSHIPS AND services provided, practice with enthusiasm, and maintain better work/life balance.
ASSOCIATIONS: It is ironic that members of a profession dedicated to protecting the public sometimes find themselves
• Peel Law Association under protected. The Law Society can do more to safeguard its members by offering a pension plan,
• CASAL work interruption insurance, and parental leave benefits. The economies of scale that come from a large
• Propertyshop.ca and strong membership will ease the burden on law firms already offering such benefits and will provide
affordable access to smaller firms and sole practitioners who may have nothing in place. Many lawyers,
COMMUNITY INVOLVMENT female lawyers in particular, should not have to make sacrifices when it comes to decisions about family
AND RECOGNITION: in order to survive and excel in our profession.
• Board member and Legal The Law Society should be committed to fostering support structures available to all lawyers
counsel to the Albion Islington particularly those in smaller firms, sole practitioners and lawyers practising in small communities by
Square Business Improvement encouraging specialization and effective cross referrals by creating networks of lawyers in related
Area practice areas and maintaining existing resources such as law libraries, mentoring programs and access
• Honoured in 2010 by the to precedents to ensure professional growth.
Mayor and Toronto City
Mandatory Continuing Legal Education
Counsel for service to the
local community For 214 years the Law Society has allowed lawyers to set their own agenda for legal education.
• Regular Cooperative Education Continuing legal education must be easily accessible, inexpensive and useful. Now that CLE hours
placement with local high are mandatory the income threshold to be eligible for the bursary should be increased to allow greater
schools since 2005 accessibility. Moreover, supplementing CLE courses with online discussion forums, workshops, and
podcasts are innovative means to spread knowledge and sharpen skills cheaply and efficiently.
• Former Ombudsperson –
University of Manitoba Paralegal regulation
Law Students Council
In speaking with numerous lawyers I can see that paralegal regulation is still a concern. Paralegals
can provide valuable services to the public but there should be no intrusion into the areas of law
which demands the experience and judgment of legal practitioners, particularly where the potential
ramifications to the public are serious. Your career took years of rigorous training before you became
qualified to practice; surely this holds some value to the public.

The public perception


Other professional associations have launched TV ads extolling the virtues of their members. In a
similar vein, the Law Society should work hard to change unfair and critical perceptions of lawyers
through a public awareness campaign designed to instill trust and respect for the profession since trust
is the foundation of the lawyer client relationship.

My promise
I am committed to being available to you at all times and if elected I will remain faithful to the ideals
of my platform. Please lend me your support and spread the word.

Find out more at www.haquelaw.com.

84
Alan Heisey
Toronto
I have been a member of the Law Society for over 30 years. I have worked as a law student
in a trade union, in a real estate practice in a 2 person firm, in one of the largest Bay Street
law firms in Canada, in the in-house legal department of a large multinational and have been
partner in a small law firm.

During that time I have also done significant public service in several roles including the
Chair of the Toronto Police Services Board and the Chair of the Toronto Parking Authority.
My contributions to our profession have been limited to being an occasional seminar leader in
the Public Law course of the Bar Admissions Course and lecturing on legal topics to various
legal and other professional organisations.

While the profession has been good to me and I have enjoyed being a lawyer, I would like
A partner in the firm of Papazian
to make a greater contribution to the profession. I believe that the knowledge and experience
Heisey Myers.
I have acquired over 30 years will allow me to contribute to both the Law Society and our
Called to the Bar 1980. Federal profession.
Queens Counsel 1993.
Practice focuses on administrative Economical Governance
law and civil litigation. The Law Society has done a good job of controlling costs. My background as a partner in a
law firm and my roles in various public commissions have made me very conscious of the
Legal career has included articles at
need for vigilance in controlling costs. Controlling costs and claims against lawyers would be
Thompson Rogers, an associate in
a major focus.
a 2 person law firm, 4 years as an
associate at Blakes and employed in
Disciplinary Hearings of Members of the Law Society
law department of a multinational
My legal practice has been focussed on the administrative law area before various tribunals.
company.
I sit as a part time Chair of the Insurance Advisory Board which is a provincial tribunal
Member/Chair the Toronto Parking under the Insurance Act which reviews applications by life insurance agents. As Chair of the
Authority 1992-2001. Toronto Police Services Board I participated as an adjudicator in hearings under the Police
Member/Chair the Toronto Police Act. These experiences would assist in helping assess the conduct of our fellow lawyers in the
Services Board in 2001-2004. difficult role they play.
1988-present Part time Chair
Technological Innovation
Insurance Advisory Board.
As Chair of the Toronto Parking Authority I played a major role in introducing new
Seminar leader Bar Admissions technology to the parking industry in North America that saved considerable money for the
Course in Public Law, guest lecturer taxpayers of the city of Toronto. Our profession is still not where it needs to be in the use of
at McGill Law School and Ryerson technology by our courts and by many members of the profession. As a bencher I would urge
University. the Law Society to take a greater role in assisting the profession in the use of technology and
Born in Toronto, age 56, married encouraging the court system to move in that direction as well.
with 4 children.

Thanks for your consideration.

85
Julie Jai
Toronto
WHY ME?
Anyone who has heard me speak, or has read my biography, knows that I am committed to serving the
public. Public service has taken me on unpredictable and rewarding journeys, including to the Far North
where I successfully negotiated land claims and self-government agreements; to the Ontario government
where I provided legal advice and developed laws and policies to improve public governance and
economic opportunity; and to the federal government where I have been involved in complex cases and
landmark litigation to clarify constitutional rights.
I have experience in government at the provincial, territorial and federal levels. As a public sector
lawyer, I am used to balancing competing interests and putting myself in the shoes of the members of
the public whom we serve. This public service experience will help me to support the Law Society’s
mandate of regulating in the public interest.

Called 1982 I am a mentor and teacher. I have written and presented in many forums to increase understanding of
LL.B. (Osgoode), LL.M. (Toronto) law and policy and to contribute to the development of the law. I have organized CPD programs on
ethics and professionalism.
Professional contributions I have worked in both French and English and have promoted the use of French in our profession. I have
Chair, OBA Public Sector worked to resolve Aboriginal issues and promote greater reconciliation and justice.
Lawyers Section My life work, and the people and challenges I have encountered along the way, provide me with the
Executive, OBA Constitutional, Civil professional experience, judgment and appreciation of diverse perspectives which I believe qualify me
Liberties and Human Rights to serve our profession and the public as a bencher.
Section
Former President, Canadian WHAT CAN I OFFER?
Lawyers’ Association for I can provide a voice for public sector lawyers, who comprise over 30% of the legal profession but
International Human Rights only 10% of benchers. Public sector lawyers have unique practice issues and can contribute important
Mentor - Federation of Asian perspectives. Through my work with the OBA, I have seen the wide range of essential broader public
Canadian Lawyers and sector work that is done by our colleagues in organizations such as universities, hospitals, tribunals,
Justice Canada legal aid clinics and regulators, in addition to the three levels of government. Convocation should have
Member - Women’s Law the full benefit of these perspectives.
Association of Ontario When I started in the profession, Chinese-Canadian female lawyers were extremely rare. The increasing
diversity of the legal profession is one of Ontario’s great success stories. We still have work to do.
Justice Canada A more representative body of benchers will provide a greater awareness of the concerns of diverse
General Counsel, 2009-present communities, improve the quality of decision-making, and enhance public confidence in the governance
Director, Government Law Services, of the legal profession.
2008-09 In a career at the intersection of law and public policy, I have developed the skills and knowledge to
Director, Policy, 2002-08 work constructively with other benchers and key stakeholders. My experience in bringing disparate
groups together has been honed through Aboriginal negotiations, public and industry consultations, and
Yukon Department of intergovernmental dialogue. I believe that an open mind, with the ability to listen as well as persuade,
Justice will enable me to assist in governing the profession in the public interest.
Senior Counsel, Aboriginal Law,
1996-2002 WHAT ARE MY PRIORITIES?
Chief Negotiator, Teslin Tlingit If elected, I promise to work diligently and co-operatively with other benchers to provide the public and
justice negotiations profession with effective governance. The Law Society must develop concrete measures to address the
challenges facing our profession. These include:
Ontario Government • giving a voice to public sector lawyers, recognizing the unique aspects of our practice
Director, Legal Services, Ontario • ensuring that benchers regulate in the public interest, to promote high ethical standards and to
Native Affairs Secretariat, 1994-96 maintain public confidence in the competence and integrity of the profession
Executive Coordinator, Justice • finding work-life balance in a demanding profession where an inordinately large percentage of
Policy, Cabinet Office, 1990-94 women leave too soon
Coordinator, French Language • making legal advice more accessible to ordinary people: providing access to justice is essential to
Services, Ministry of the Attorney achieving fairness and promoting confidence in the justice system
• supporting affordable legal education and providing incentives and support to young lawyers
General, 1989-90
working in underserviced areas
Ministry of Financial Institutions, • furthering the work of benchers in collaborating with key stakeholders on major policy initiatives
1986-89 affecting our profession and society at large
Ministry of Correctional Services, • promouvoir le français au sein du système judiciaire de l’Ontario et appuyer les efforts des juristes
1984-86 d’expression française à offrir des services en français.
Ministry of Intergovernmental
Affairs, 1982-84 I hope you will support me. Please feel free to contact me at Julie.Jai@gmail.com.

86
Kathleen Jeanne Kelly
Toronto
I bring a breath of fresh air, a commitment to uphold and protect the values of self-regulation, and a
resolve to serve in the public interest. I am concerned about the ongoing issues of governance, diversity,
retention of women in the profession, and the greying of the bar. I am also concerned about the image of
the profession, public education, and creating and providing more practice resources for lawyers.

Using Larry Banack’s “2011 BENCHER ELECTION – SELF ASSESSMENT ANALYSIS”, the
following is why a vote for me is a vote for a strong and committed bencher.

• Diversity of Practice – I have worked in a small law firm, in-house in the legal department of an
Ontario Government Ministry, on a team of special legal advisors to the Attorney General and to
Cabinet, and for the past 17 years as a sole practitioner. I am also a member of the administrative
law community, a growing and increasingly important practice area.

Born in Calgary, Kathleen graduated • Willing to work hard – with enough time to read extensive material and participate diligently,
from UBC, (Commerce then Law), on a regular basis at Convocation meetings, Committee Days and Discipline Hearings.
and Osgoode (Masters of Law, • I control my calendar and workflow. In my adjudicative and ADR practice I am required to
ADR). She is called to both the read and understand large quantities of material, in tight timelines. I am ready, skilled, and
BC (83) and Ontario (89) Bars. have the time to serve fully in a conscientious and competent manner.
• As a single parent of a college student, my family obligations are now such that I have the
In addition to being counsel, time required (some 600 plus hours a year, according to Larry) to allow me to participate
since1982 she has arbitrated or effectively.
mediated hundreds of disputes.
She is currently a private arbitrator • Leadership skills and a track record of commitment to the Profession – patience, willingness
and mediator, and part-time and ability to work with others in group decision making, remaining open minded while I
Vice-Chair, Workplace Safety and listen to new and opposing views.
Insurance Appeals Tribunal, her • Since the early 1990’s I have been actively involved with the LSUC, The Advocates’ Society,
third Ontario tribunal appointment. the OBA, and CBA. I have designed and delivered programs; taught the Bar Admission
Course; belonged to and led Sections; sat on Provincial and National Council; participated on
Kathleen taught Professional working groups, task forces, forums, and committees.
Responsibility and Practice • I often use my dispute resolution skills to overcome impasse and lead difficult conversations
Management as a Bar Admission to productive outcomes.
Course Instructor, for over 12
• Leadership skills and experience in financial matters necessary for supervising an $87 million
years. She is a frequent speaker,
Law Society Budget.
published author, and 2003
recipient of the OBA Award of • Although not an $87 million budget, I am a member of the Board of Management of Moss
Excellence in ADR. Park Arena that oversees a budget nearing $1 million dollars. I can read and understand
financial statements, and am not afraid to ask hard questions, such as: if the Law Society
Budget repeatedly yields a surplus, why are fees increased?
Active in the CBA and OBA,
Kathleen also actively volunteers • Decision making/adjudicative experience, writing skills, ability to meet deadlines.
in her community.
• As a trained and experienced arbitrator since 1982 and a member of four different
administrative tribunals since the early 1990’s, I am experienced in making decisions and
adjudicating disputes.
• Particularly relevant is my appointment to the Ontario Council of the Mutual Fund Dealers
Association of Canada, the self-regulatory organization for mutual fund dealers in Canada. In
that position I chair discipline hearings into the conduct of mutual fund dealers and members.
• In my role as a Vice-Chair at the Workplace Safety and Insurance Appeals Tribunal, I am
required to read large volumes of material in preparation for hearings, conduct hearings, and
write well-reasoned decisions in a timely manner.
• All of the above, transferable skills and experience, will serve me well as a bencher.

• I understand and accept that the role of the Law Society is to regulate the Profession, in the
public interest.
• This understanding is paramount to ensure the Society retains its legal status as self-regulator
of the profession. It is not that well appreciated by many lawyers or the public at large. A
concerted effort needs to be undertaken to get the message across.
• Elected benchers do not represent a constituency or self interest. Serving in the public interest
has been an integral element in each of my appointments to four different administrative
tribunals. I really get it!

PLEASE VOTE AND PLEASE VOTE FOR ME! 87


Mitch Kowalski
Toronto
I offer a breadth of practice experience that speaks to all members of the Bar: I have practised in one
the world’s largest law firms, in a mid-sized firm, as in-house counsel and now as a sole practitioner. I
understand the concerns of lawyers in all these situations.
As a single father with custody of two children I also fully understand the competing pressures of family
and practice.
F. Scott Fitzgerald said, “You don’t write because you want to say something, you write because you
have something to say.”
Similarly, I am not running for bencher because I want to do something.
I am running because I have something to do.
In the 20 years since my call to the bar I have seen a Law Society that has become increasingly
Sole Practitioner disconnected from the average lawyer in this province. A Law Society that reacts at glacial pace, if at
in Association with Shapiro Cho all, to matters of real importance to the day-to-day life of lawyers and the public. A Law Society that is
obsessed with regulation and ring-fencing at the expense of innovation.
Called to the Bar, 1991 This attitude is no longer sustainable.
LL.M. in Real Estate Law As Richard Susskind notes in The End of Lawyers, “Law was not created for the benefit of lawyers any
ICD.D Designation from Institute more than illness was created for the benefit of the medical profession.” The Law Society can no longer
of Corporate Directors (Canada) operate on the notion that lawyers will always have the exclusive right to deliver legal services.
We need fresh new ideas and bold initiatives to address the changing legal landscape.
Former partner at Baker &
The benchers that we elect in 2011 need to have a vision of the future of law. They need to be aware of
McKenzie LLP
and embrace legal innovation world-wide.
Former partner at Aylesworth LLP
The benchers that we elect in 2011 will be required to understand the Cloud, SaaS, LPOs, social
Former in-house solicitor at City of media, value-based billing, alternative firm structures that allow for outside investment and many other
Toronto innovations. Many legal governing bodies around the world allow new structures and service delivery
models that benefit both the public and lawyers. It is time for us to join them.
Author of The Profitable Law Firm, My current practice is 90% value-based billing with very few files being billed on an hourly basis. My
to be published by the American files are paperless. I will be moving my practice completely to the Cloud by year’s end with a SaaS
Bar Association in Fall, 2011 element. I have worked with LPOs and I closely follow innovative ways to deliver legal services which
I blog, tweet and write about. The fact that the American Bar Association is publishing my book on
Contributor to The National Post’s innovation in legal practice, The Profitable Law Firm, is a strong indication that my ideas are well
Blog, Legal Post since 2007 thought-out and relevant.
But legal innovation is not the only reason I am running for bencher.
Author and Editor of Canadian
My practical board experience with Ontario Realty Corporation (ORC) together with my ICD.D
Forms and Precedents – Commercial
designation in corporate governance, have enhanced my natural drive for better, more efficient and more
Real Estate Financing, LexisNexis transparent entities.
Butterworths, 2002 - 2004
Financial transparency is a particular problem at the Law Society; there is no reason why financial
Chair – ORC Compensation information should be hidden from members.
& HR Committee – 2009 - Present The Law Society has also shown little appetite for finding efficiencies within the organization in order
to freeze or even lower annual dues. This needs to be a priority. Increases to annual dues should not be
Vice-Chair – ORC Business
taken as cavalierly as they have in the past. All Law Society initiatives need to prove value for money.
Operations Committee –
2009 - Present The Law Society seems disinterested in reining in costs at our own captive insurance company. As a
result, premiums continue to rise.
Independent ORC Director –
2007 - Present The Law Society has also done very little to provide the public with quality, low cost legal
representation; again, innovation, not regulation, is the key here.
Being elected bencher is not in itself a personal goal of mine; it is merely a platform from which to
effect needed change; a way for me to use my skill and knowledge to make the Law Society accountable
to members and to ensure that our profession keeps step with the changing needs of society.
I ask for your vote.
Find out more about my concerns and ideas by visiting my blog:
http://kowalskiforbencher.blogspot.com/
Look for me on Facebook. Search: Kowalski for Bencher 2011
Follow me on Twitter on www.twitter.com/mekowalski

88
Wennie Lee
Toronto
I am asking for your support to be elected as a bencher. I am grateful for the achievements of our
past and current benchers, and inspired by their dedication to our profession. I believe that benchers
contribute to the betterment of the profession, I am therefore committed to contribute as much as I can
to serve our profession.
I have a unique perspective to bring to the Society; not because I am Chinese, or a woman, but
rather as a Principal of a small but busy immigration litigation practice, I am acutely aware of the
many challenges that most in the profession face. I am also aware that many smaller firms and sole
practitioners view the Law Society as a necessary evil and not an ally in their practices. While I
understand that perspective, I believe in the Law Society. A strong and vigorous Society that is vigilant
in its mandate to protect the public interest, and which ensures high standards in our profession is not
only a necessity for continued self-regulation, but a pre-requisite for our profession to continue to
flourish and prosper.
Called: 1996 I summarize my platform as follows:
B.A. (York);
LL.B. (Western); 1. Ensure the protection of the public interest in a fair, equitable and practical manner which does not
result in unnecessary interruptions to practitioners but ensuring equity and fairness to all;
LL.M. (Osgoode)
Recipient – Law Society of Upper 2. Maintaining and raising the reputation of the Bar;
Canada Education equity awards 3. Ensuring the Law Society is managed in a cost-effective manner.
Articled – Heenan Blaikie
1. Ensure the protection of the public interest in a fair, equitable and practical manner which does
Practices – immigration advocacy not result in unnecessary interruptions to practitioners but ensuring equity and fairness to all.
– litigates immigration cases at the
There are varied views of the Law Society within its membership; characterizations by its members run
Federal Court the gamut from bureaucratic, formalistic, conventional, respectable, to obstructionist, or tyrannical. I
– Over100+ reported decisions draw your attention to section 4.2 of the Law Society Act, R.SO. 1990, Chp. L.8 which states:
– Appears at all 3 divisions –
Principles to be applied by the Society
Immigration and Refugee Board
4.2 I n carrying out its functions, duties and powers under this Act, the Society shall have regard to
the following principles:
Co-chair – Practical Guide to
1. The Society has a duty to maintain and advance the cause of justice and the rule of law.
Federal Court Advocacy – Osgoode
2. The Society has a duty to act so as to facilitate access to justice for the people of Ontario.
Professional Development
3. The Society has a duty to protect the public interest.
4. The Society has a duty to act in a timely, open and efficient manner.
Speaker – 1 National
st

Catholic Conference on Refugee 5. Standards of learning, professional competence and professional conduct for licensees and
restrictions on who may provide particular legal services should be proportionate to the
Sponsorship; Host – Archdiocese significance of the regulatory objectives sought to be realized.
of Toronto and London; Sponsor
– Assembly of Catholic Bishops of Clearly, carrying out its functions with regard to these 5 principles is a balancing act. When the Society
fails to act in a fair, equitable and practical manner, negative attitudes from its members and the public
Ontario and CNEWA Canada
will inevitably develop.

Frequent speaker – 2. Maintaining and raising the reputation of the Bar.


multicultural radio – preventing This is an issue that should concern all lawyers. While there are many processes that necessitate the
immigration fraud, dangers of ghost use of lawyers, a growing number do not. Maintaining the reputation of the profession is fundamental
consultants to remaining competitive, so that the public is confident that when they hire a lawyer they are hiring
someone with the knowledge and skills to serve their interest in a competent manner. We need to control
Member – CBA, ACCLO our reputation (“brand”), to maintain our competitive edge. Upholding our reputation benefits both
Past President – Ontario private practitioners and in-house counsel alike.
Chinese Canadian Association 3. Ensuring the Law Society is managed in a cost-effective manner.
Cost control is a reality of all our practices, if not our lives. As such, cost control must be a reality in
Married: 2 children (14, 12)
our Law Society. While we do not have a “gravy train” at Osgoode Hall, we certainly need to ensure
Reside in York Region, Markham that one is not created, keeping in mind not only that the Law Society’s function is carried out at a
reasonable cost, but never sacrificing its effectiveness.
If you give me your support, I am ready to roll up my sleeves to get to work for you and the public we
serve.

Sincerely,
Wennie Lee

89
Janet Leiper
Toronto
I am inspired to run for bencher for the first time by the colleagues I have met over the
24 years I have practised law, by the challenges I see ahead for the profession, and by the
potential I see for the future of our Bar.

Engaging the Profession


The Law Society of Upper Canada is strengthened when it encourages and welcomes
participation from the Bar. We can draw upon the innovative ideas of each new and diverse
generation of lawyers to better our profession. Technology can make governance and
policy development accessible to the members at large. As bencher, I will strive for greater
participation across our profession.
As bencher, I propose we debate the following:
Sole Practitioner: Administrative/
Criminal Law (24 years in practice) • Broadcasting Convocation and Committee proceedings on the web
Integrity Commissioner – City of • Seeking the participation of the profession in policy development at the Law Society
Toronto
• Drawing from an increased number of experienced lawyer-adjudicators from the
Alternate Chair, Ontario and
profession to sit with benchers on discipline matters
Nunavut Review Boards
Director, Pro Bono Law Ontario • Reporting on the new mandatory continuing professional development and how it
contributes to a more engaged Bar
Past Positions • Working together with the Bar to renew Legal Aid and promote a broader Legal Aid
Director, Osgoode Public Interest mandate from all levels of government
Requirement (2007-2009)
Visiting Professor, Osgoode Hall Recapturing Professionalism
Law School (2007-2009)
Chair, Legal Aid Ontario In 2000, the Law Society spent 12% of its budget on regulatory matters. Today, 24% of its
(2004-2007) $92 million budget is dedicated to regulatory matters. Increases in the number and quantity of
Director, Criminal Lawyers’ claims against lawyers, increased regulatory litigation and calls for increased civility suggest
Association (1993-2001) that the profession could benefit from more proactive measures.
Part-time Assistant Crown Attorney We know that the profession of law is complex and stressful. The question that needs to be
(1987-1993) asked is how can the Law Society pre-empt problems at the start of a legal career, at the
beginning stages of a regulatory complaint or when personal adversity first strikes a lawyer?
Law Society of Upper
Canada We need to ask these questions:
Member, Certified Specialist Board • How can the licensing process better instill a sense of practical ethics and a commitment
(2008-2010) to professionalism in new calls to the Bar?
Chair, Advance Criminal • How can the Law Society ensure that members have access to experienced advice at the
Roundtable (2006-2010) beginning of an investigation into their conduct to minimize loss and risk to the public?
Member, Barrister Advisory Group
(2005-2010) • How can the Law Society engage more members in need/crisis with the services of the
Bar Admission Course Section Ontario Legal Assistance Plan (OLAP)?
Head, Criminal Law • What early intervention strategies can be developed to decrease the costs of unnecessary
(1997-2004) regulatory litigation?
I recognize a shared interest of the profession and the Law Society in serving the public. It is
Education/Professional
important for the Law Society to acknowledge this and treat its members accordingly.
Recognition
LL.M. University of Toronto, 2008 I am looking forward to serving these principles, the profession and the public.
Certified Specialist (Criminal Law),
Je considère que tout avocat est en droit de s’engager dans le travail du Barreau. En effet, la
1995-2011
technologie actuelle rend la gouvernance ainsi que l’élaboration des politiques accessibles
Call to the Bar, 1987
à tout membre du Conseil se trouvant à distance. Ceci permettrait de profiter des idées
LL.B. University of Western
innovatrices de chacune des nouvelles et diverses générations d’avocats. C’est pourquoi,
Ontario, 1985
en tant que membre du Conseil du Barreau, j’encouragerai vivement une plus grande
participation de la part de l’ensemble de la profession. Dans le cas où ma candidature serait
2009: Recipient of
retenue, c’est avec grand enthousiasme que j’envisage de servir le public et la profession.
Laura Legge Award
Links to more at:
• www.janetleiper.com
• www.facebook.com/JanetLeiper
90
Jeffrey Lem
Toronto
EXPERIENCE:
Jeff is a solicitor who practises real estate law and allied disciplines such as secured lending
and insolvency. Jeff has been a partner in the Toronto office of Davies Ward Phillips &
Vineberg LLP for the past decade. Before that, he was the partner responsible for real estate in
the Toronto office of Heenan Blaikie LLP. Jeff began his career with articles at Blake, Cassels
& Graydon LLP, where he was hired back and remained as an associate for four years.
Although Jeff comes from a big firm background, he has also had experience as in-house
counsel in a small-firm working environment -- while at Blakes, Jeff was seconded for over
six months with Magna International to assist in re-structuring and corporate matters.
Jeff has been very active in his service to the legal community and the community at large.
Jeff has been an editor of the Real Property Reports for almost twenty years, and has been a
PRACTICE
member of the Real Property Executive of the Ontario Bar Association for the past decade.
Partner at Davies Ward Phillips & Jeff has also been an advisor to a number of Chinese-Canadian community and professional
Vineberg LLP since 2001 organizations throughout his career.

EDUCATION In addition to his current role as the Director of the LL.M. Program specializing in Real
Property Law at Osgoode Hall Law School, Jeff has also taught in the Bar Admission Course
1984 B.Comm, University of and continues to be very active in continuing legal education. He co-chaired for many
Toronto (Victoria College) years the Six-Minute Commercial Leasing Lawyer, the Six-Minute Real Estate Lawyer, and
1987 LL.B., Osgoode Hall the real estate program of the OBA’s Annual Institute. Jeff has been a speaker at over one
Law School hundred continuing legal education programs over the years, for various legal and real estate
2002 LL.M., Osgoode Hall organizations.
Law School Jeff is also a prolific writer on legal affairs. In addition to research papers for his various
speaking engagements and his regular columns on real estate law in Building Magazine and
AWARDS AND Law Times, Jeff was also the legal editor for China Business Monthly, an Associate Editor
ACHIEVEMENTS of the Digest of Real Property Law, and a frequent contributor to Lawyers Weekly. Over the
Certified Specialist in Real Estate course of his career, he has contributed many papers to various law journals and magazines on
Law a variety of legal matters.
OBA’s Award for Excellence in Real
Estate
ELECTION STATEMENT:
Martindale-Hubbell rated AV®
I am hoping that Convocation will benefit from the diversity that I would bring to the bencher
Canadian Legal LEXPERT® ranks, both in terms of cultural and ethnic diversity and in terms of diversity in practice.
Directory
Many of the incumbent benchers with solicitor practices are now “termed-out” and prevented
Chambers Global’s Guide to the
from running for re-election after sixteen or more years of service. Convocation should reflect
World’s Leading Lawyers
the actual balance between barristers and solicitors in practice. If elected, I would bring such a
Best Lawyers in Canada solicitor’s perspective to Convocation.
International Who’s Who of Real Convocation should also reflect the rich cultural and ethnic diversity inherent in the
Estate Lawyers membership of the Law Society. I am a past president of, and have the support and
endorsement of, the Association of Chinese Canadian Lawyers of Ontario (the lawyer division
COMMUNITY AND of the Federation of Chinese Canadian Professionals).
ACADEMIC
Naturally, given my professional background, I have a deep-rooted interest in all issues
Director, Osgoode Hall Law School
affecting practice conditions for solicitors, especially those practising in real estate. On a
LL.M. Program in Real Property Law
broader scale, I am also concerned about the new Continuing Professional Development
OBA Real Property Executive requirements recently imposed on all lawyers. While I think that the train has already left
Past President of the Association the station on the issue of CPD, I am hoping that my extensive hands-on experience with
of Chinese Canadian Lawyers of continuing legal education over the past two decades will help to at least improve the quality
Ontario and relevance of the CPD that will be available, and will help to ensure that such CPD will
be delivered efficiently, conveniently and affordably to all of our members, especially those
Advisor to the Mon Sheong Society
practising in smaller firms or at more remote locations (including the large number of our
and the Lem Si Ho Tong
members practising as in-house counsel or as sole practitioners).
I have had a long history of service to the legal community and wish to continue that service
as a bencher. Thank you for your consideration of my candidacy.

91
Robert Levan
Toronto
Why I am Running for Bencher:
Any vibrant self-governing professional organization must understand and respond to the
needs of all its members. As a new call with a young family; working as a sole practitioner;
saddled with the same debt afflicting most young lawyers; immersed in the same extremely
competitive job market, not only do I understand the issues facing many of my peers in an
objective sense, I am facing them myself.
It is almost trite to say, but the future of the Law Society is to be found within the ranks of
those who were called with me, in the years before me and those who will be called in the
years to come. As a group we have a special insight into the current process that precedes
being called to the Bar having had recent experience with it. We possess the keen sense of
awe and humility that comes along with recent entry into such an historical professional
Robert Levan was born in Toronto
organization and have concerns about the proper stewardship of the Society in the years to
and has lived in small towns
come. For the Law Society to continue to properly serve the needs of its membership as well
and cities across Canada. After
as the public interest, decisions must be taken with a view to their long-term impact, which is
graduating high school Robert
why we, the newest generation of lawyers, must be represented at the table.
enlisted in the Canadian Navy,
serving three years before being
Proven Leadership:
honourably discharged.
Although I can’t point to a lengthy career history within our profession, with memberships on
After completing his military various committees and professional associations, I can provide you with concrete examples
service Robert attended the of the leadership I have shown throughout my working life.
University of Toronto, where he
While I was in the Navy, my leadership abilities were recognized and cultivated by my
obtained his B.A.(Hons).
superiors who gave me additional responsibilities including supervision of up to 20 of my
fellow sailors during various shipboard exercises. My military service had a profound effect
Robert attended the University of
on me, providing me with discipline and dedication to the performance of the task at hand that
Windsor faculty of law where he
continues to be found in my work to this day.
turned his passion to helping the
community through his work at During my undergraduate studies I became involved in politics and was elected to serve as
Community Legal Aid of Windsor. representative of my college on the University of Toronto’s Students’ Administrative Council
(as it was then called). I also became involved in the environmental community and sat on
Before being called to the bar in the University’s Executive Board of the Environmental Protection Advisory Committee, as a
2010, Robert articled at the Crown student representative.
Attorney’s office in Newmarket.
Additionally, during my undergraduate studies I developed a passion for the sport of mountain
He is currently a sole practitioner,
biking and joined the University’s team. During my time on the team, although I wasn’t the
whose practice is limited to
fastest racer on the team, I was given the Sport of Life award two years in a row and took on
criminal law.
the role of team manager.
During my first year in the Faculty of Law at the University of Windsor, I was the
representative for my year on the Faculty Council Student Disciplinary Committee. As a
member of this committee I was responsible for participating in deliberations on academic
infractions. While I did not continue my involvement with the Disciplinary Committee after
first year, this was primarily because I became more involved with the clinical program at
Community Legal Aid of Windsor. In the summer after the first year of law school I was hired
on as a summer student and subsequently became a group supervisor during my second year;
a role I was tapped to continue by the director of the clinic during my third year. During my
involvement with the clinic, in addition to the regular file load, I undertook various projects
including the operation and staffing of a satellite clinic at the Downtown Mission of Windsor.

Why I Want Your Vote:


The landscape of the profession is changing. Technological innovation and a shift in
demographics means that the Law Society of today does not resemble the Law Society of
20 years ago, and will probably change completely in another 5 years. My aim, should I be
elected as a bencher, will be to work with the senior benchers and all members of the Bar to
preserve the traditions which have served us well in the past and to facilitate the necessary
evolution of the Law Society into an organization that will continue to serve both society and
our members in the future.

92
Wendy Matheson
Toronto
For many years, I have been actively involved in serving the profession and the public through
continuing legal education and other initiatives. I wish to continue to serve, and believe I can
make a significant contribution as a bencher.
I will bring a fresh perspective, and take a practical approach. To learn more about my
candidacy, please visit www.mathesonforbencher.com.
The Law Society has made headway in many areas, but more needs to be done:
• Access to Justice. Fresh ideas and new programs are needed to improve access to justice.
The role of Legal Aid still needs attention, including the question of whether Legal Aid
can be restored as a broader solution for Ontarians seeking legal representation.

Education • Retention of Women. I commend the work of the Law Society’s Justicia Project and
retention of women initiatives such as the Parental Leave Assistance Plan. We continue
B. Math, University of Waterloo; to need practical solutions to retain more women in the legal profession, and in private
LL.B., Queen’s University practice.
• Diversity. The composition of the profession should reflect the public that it serves.
Practice Promoting diversity is equitable, improves access to justice and enhances the credibility of
Called to the Bar 1988 the profession across communities.
Partner, Torys LLP, civil and • New Lawyers. I will focus on the concerns of lawyers who have recently joined our
administrative litigation profession, and promote opportunities for new lawyers to get involved in the Law Society,
its programs and its governance of the profession.

Professional activities • Mentoring. Many new lawyers are concerned that the profession’s culture of mentorship
has eroded. I benefited from strong mentors in my early professional development and am
• Long-time advocacy teacher
committed to maintaining and improving the profession’s culture of mentorship.
and contributor to continuing
legal education initiatives • Professionalism and Standards of Practice. Fostering civility and professionalism,
• Two-term Director of The and ensuring appropriate standards, are and must continue to be important priorities for
Advocates’ Society and Chair the Law Society. Among its objectives, the Law Society must redefine its relationship
of Education with law schools and work with them to help graduates get ready to face the evolving
challenges of a career in our profession. In addition, the growing divide between the
• Past adjunct professor, number of law students seeking articling positions and the number of positions available
Osgoode Hall Law School and in the province must be addressed.
guest lecturer at Osgoode and
the Universities of Western • Sole Practitioners and Small Firms. Sole practitioners and small firms face challenges
Ontario, Ottawa and Toronto that are particular to the circumstances of their practice, including greater sensitivity to
increases in dues and fees. I am committed to helping this important part of the profession
• Frequent contributor to
survive and thrive. In rural areas, the North, and other under-serviced communities, more
initiatives addressing issues for
must be done to attract young lawyers where they are needed, and support the lawyers
the profession
already serving these areas of Ontario.
• Panelist for Networking
Conference of Women in • Mandatory CPD. Lawyers across the province need affordable, practical and accessible
Litigation Continuing Professional Development opportunities. The process should be easy to
participate in, and the programs must respond to real needs. I have been involved in
• Pro bono counsel for The continuing legal education programs in Hamilton, Ottawa, Toronto, London, Peel, Central
Advocates’ Society, CCLA East and elsewhere for many years and am committed to encouraging an approach to CPD
• Supporter of the Canadian that makes sense for all Ontario lawyers.
Women’s Foundation
I ask for your support. I am dedicated, enthusiastic and will bring a practical approach to all the
• Member of The Toronto issues.
Lawyers Association, The
Advocates’ Society, CBA and www.mathesonforbencher.com
OBA

93
William C. McDowell
Toronto
ME
I grew up in Trenton. When I came to law school in Toronto, I formed a clever plan to get my degree, find
articles, get called, and head back to Trenton (or Belleville or Kingston) to practise. Nearly thirty years later,
things are not shaping up that way.
As a litigator, I have practised with one of the largest firms in the country, served in Ottawa as Associate
Deputy Minister of Justice for Canada (the Department having legitimate claim to the “biggest firm” title),
and have now settled into life at Lenczner Slaght, a litigation boutique. My practice has been broad, focusing
now on commercial litigation, public law and libel but with extended stops in Commissions of Inquiry and
commercial crime. Leaving aside a day here or there, I have thoroughly enjoyed the journey so far.

WHY ME?
Professional From the vantage point of a distant observer, it seems that Convocation always has to overcome its divisions –
• Partner, Lenczner Slaght the Old/New Guard; the Big/Small firm; Toronto/Everybody Else. In my work in different private practices and
Royce Smith Griffin LLP in Ottawa, I have always worked hard and succeeded in building relationships and finding consensus. I want to
• Associate Deputy help to find common ground at Convocation.
Minister of Justice As well, my friends tell me that I have a sense of humour. I don’t know if this will help but it can’t hurt.
(2005-2008)
• Associate, then Partner, SOME ISSUES
McCarthy Tétrault LLP Articling and Job-Sharing
(1989-2005)
There is increasing pressure from different quarters to end articling in its traditional form. I oppose this – the
Law Society must protect the public interest by continuing to provide law graduates with the skills (and more
Other Activities
important – ethics and values, such as civility) to begin practise at the Bar. At the same time, many smaller
• Vice-Chair, University of firms, particularly those outside Toronto, are finding it difficult to justify hiring an articling student.
Toronto Academic Disciplinary
Tribunal (2010) The Law Society can help by amending its Rules to promote job-sharing in articling. Convocation should
• Federal Lead on the provide funding for a real time online registry to match candidates with firms who can accommodate them for
short periods of time. I want to explore ways of assisting articling students in under-serviced areas where firms
Tri-level Committee on
can provide articles and mentorships but cannot afford to pay students.
Gang Crime (2006-2008)
• Co-Founder of the LEGAL AID
University of Toronto Summer
Institute on Advocacy (2009) There has to be more investment both federally and provincially in Legal Aid. You will read violent agreement
on this point in candidate statements. Even in these times of austerity, the Legal Aid program deserves to be
• Director, The Advocates’
treated fairly. As I write this, the Government of Ontario has allowed public sector wages to increase by some
Society (2006-2010) $120 million notwithstanding the imposition of a “wage freeze”. It is expedient for governments at both levels
• Membre, Conseil to allow funding of Legal Aid to languish for fear of being seen as “soft on crime”. But failure to establish a
d’administration de stable funding model is self-defeating – nothing creates more delay, expense and exposure to appeal than a self-
l’Alliance française de Toronto represented accused person or family litigant.
(2001-2004)
But I would add an additional process point. Convocation debates to establish Society positions in relation to
• Instructor in Advocacy, Legal Aid must be held in public – it is unfair to our members who serve Legal Aid clients and to the public at
University of Toronto, large to have these important discussions held in camera.
Osgoode, Queen’s
(1999-present) GOVERNMENT LAWYERS
• Counsel to the Chief Justice
Government lawyers practise law that matters. Senior Crown lawyers have made great contributions to the Law
of Ontario for the Truth and Society. I am proud to have served as a Crown lawyer, and want to ensure that public sector issues continue
Reconciliation Commission to be well-aired at Convocation. I also want to work to ensure that the Law Society gets the full benefit of the
(2008) talents of its public sector members. For this reason, I am pleased to support Robert Wadden, Assistant Crown
Attorney from Ottawa in his campaign.
Awards
• Arbor Award for volunteer SERVICES EN FRANÇAIS
contributions, University of En tant qu’avocat bilingue, qui plaide en français de temps en temps, j’appuie le droit de nos membres
Toronto (1999) francophones de communiquer avec le Barreau et d’être servis par le Barreau en langue française. Il est
• Department of Justice National important que le Barreau accorde les ressources nécessaires et fasse l’offre active de services en français pour
Award (2007) donner plein effet à ces droits.

94
Malcolm M. Mercer
Toronto
We are fortunate to live in a society governed by the rule of law and supported by the
independence of the legal profession. These principles are fundamental to our freedom and
prosperity. However, as events have shown in Britain and Australia, self-regulation should not
be taken for granted. We must strive to improve the profession in the public interest and for its
own sake.
As one of the few law firm general counsel in Canada, I have acquired significant experience
and expertise in legal ethics and professional responsibility.
Nationally, I serve as a member of the CBA Task Force on Conflicts of Interest and as
Vice-Chair of the CBA Ethics and Professional Responsibility Committee. I am a member
of the joint CBA/Auditing and Assurance Standards Board committee responsible for the
development of audit guidance for lawyers and auditors.
Raised in Ottawa
B.A.Sc. in Engineering, University of In Ontario, I have worked with other lawyers to provide input to the Law Society with respect
Waterloo, 1977 to record retention and client identification and verification protocols.
LL.B., University of Toronto, 1982 I have also been invited to assist benchers in another province regarding potential
amendments to their code of professional conduct, and I have been a presenter on legal ethics
Called to the Bar in 1984
at the invitation of a third law society.
Joined McCarthy Tétrault, Toronto,
in 1984 I have been involved in law firm management for many years. I have also assisted lawyers
in small and new firms and in-house over the years. I understand and am interested in the
Member of firm Executive challenges faced by lawyers of all backgrounds.
Committee 1997-2002
I understand the professional, ethical, technological and commercial realities of legal practice,
National Litigation Practice Group
the importance of the administration of justice, and the need to improve access to justice
Leader 2002-2006
and to legal advice. I believe that independence, competence and ethical practice depend on
General Counsel since 2007 lawyers enjoying economically sustainable practices free from unnecessary financial and
Member of CBA Task Force on regulatory burdens.
Conflicts of Interest Access to justice is a central responsibility of the Law Society. In that context, I believe it is
Vice-Chair of CBA Ethics and important that lawyers who provide legal aid receive fair compensation for their services. In
Professional Responsibility the same context, paralegals have a role to play but expansion of that jurisdiction, (and the
Committee case has not been made for it) should only be on a cautious and thoughtful basis to ensure the
Member of the TLA, OBA and fundamental requirement of competence in the delivery of legal services.
Advocates’ Society Retention of women and diversity in the profession are important to all of us. I have long
been involved with mentoring and supporting women in practice. Recently, I was asked by
the Justicia Project to assist with the development of one of its projects by contributing my
expertise in law firm management.
I would also like to assist the Law Society, LawPRO and LibraryCo in managing their affairs
on a responsive and financially prudent basis, and, along with other providers, to assist in
delivering CPD that is excellent, accessible and affordable.
Natif d’Ottawa, je défendrai vigoureusement les intérêts de nos membres francophones.
In my view, a strong, healthy, independent and self-regulated legal profession is very much
in the public interest. The role of bencher is vital in this regard. I would like to contribute the
experience and expertise I have gained to the Law Society and to the profession.
I respectfully ask for your support. Thank you. C’est avec humilité que je sollicite votre
appui. Merci de votre attention.

95
Graeme Mew
Toronto
Longer ago than I care to remember, I was part of a group of idealistic law students who got
together to advocate change at the Law Society. Back then, meetings of Convocation were
held in private, minutes were not made publicly available and information about benchers’
voting behaviour in Convocation was non-existent. The vast majority of benchers were senior
male members of the profession. It was largely a good old boys’ club.
We were quite successful and much has changed (not just due to our group, but we played our
part). Governance of the Law Society is far more transparent now. Election as a bencher is
not just sought by the great and the good (the irony that I myself would now fit the profile of a
“good old boy” is not lost on me, but nonetheless I hope you will find other redeeming quali-
ties that justify your supporting me).
Why am I standing now?
Born and educated in England
where he was first called to the
Because self-governance of the legal profession is under threat.
Bar, Graeme has lived and worked
in Toronto for 26 years. Law We take an awful lot for granted in Ontario. Law Societies in Canada have been able to
degrees from Kingston University preserve the right to self-governance by making the case that the public is best served by an
and the University of Windsor. independent and efficient legal profession committed to the highest standards of ethics and
Called in Ontario in 1987. Also integrity.
admitted in B.C.
Sometimes lawyers and paralegals don’t fully understand this. They think that they are over-
regulated and that the Law Society should be doing more to look after its members (a.k.a.
Although he started out
“licensees”).
prosecuting shoplifters, Graeme
now practises civil litigation, For the past decade I have been active in the Commonwealth Lawyers Association (“CLA”). I
with an emphasis on insurance, served as the CLA’s President from 2005-7. Through the CLA I have seen what happens when
professional liability and sports law. the government loses confidence in the legal profession to regulate itself. In some places, like
Pro bono adviser to Rugby Canada. Fiji and Zimbabwe, government interference in the legal profession is anything but subtle.
Counsel to Nicholl Paskell-Mede But even in the UK, self-governance of the profession has been severely limited. Solicitors
LLP’s Toronto office (10 lawyers). in England & Wales used to be regulated by the Law Society, much as they are here. Not any
longer. The Law Society has been replaced by the “Solicitors Regulatory Authority” which is
Extensive experience as an an “Approved Regulator” overseen by a Legal Services Board, appointed by the government
arbitrator and mediator. and consisting of a majority of non-lawyers. The cost of this over-regulation is largely borne
Arbitrator, Court of Arbitration by the profession and, although it is early days, the obvious concern is that the governance
for Sport and Sport Dispute of the profession will be influenced by government objectives which, in the UK, currently
Resolution Centre of Canada. include the decimation of publicly funded legal services.
Member at ADR Chambers.
It could happen here too.
President, Commonwealth Lawyers
Many observers think that the failure of the Law Society in England to effectively deal with
Association 2005-2007.
complaints against lawyers was the catalyst for government intervention. That is why it is
right that in Ontario we have a comprehensive process for complaints against lawyers, with
independent review of those complaints. It is why the Law Society should stay the course on
education, training (including keeping articling), ethics, standards and continuing professional
education. But these requirements must be reasonable and defensible. It is important that they
are not seen as protectionist.
Because much of the talk is about globalisation these days, it is easy to forget the important
work done by our colleagues in smaller communities. The Law Society’s educational and
practice support programmes must meet their needs.
Although I live in Toronto, I’ve been lucky to have worked from one end of the province to
the other. I’ve also practised in big firms and small firms. Because some of my work contin-
ues to be done in other jurisdictions, I have a global perspective. The next four years will see
more foreign firms setting up in Ontario and more demand for cross-border legal services.
While embracing globalisation because it is good for business, we need to manage it in a
way that ensures that appropriate levels of service and professionalism are maintained for the
benefit of the Ontario public.
I believe that my experience puts me in a good place to serve the profession and the public
wisely and pragmatically. If you agree, please support me and other like-minded candidates in
this bencher election.
96
Janet E. Minor
Toronto
It has been a privilege to serve the profession as a bencher. That experience has reinforced my belief that
it is important that benchers reflect both the diversity of people in our profession and the diversity of
practices: private, public, in-house, large and small. This diversity better serves both the profession and
the public interest.

Self-governance is fundamental to the independence of our profession. Continued self-governance


depends on continued public confidence that the Law Society promotes the public interest, particularly
in the way we govern ourselves, how we regulate admission and discipline, how we promote equity in
the profession and how we improve access to justice for the public.

My over 30 years of experience in analyzing public policy, both as a litigator and advisor to 9 different
provincial governments, have taught me the need to take care when balancing interests. I have
endeavoured to bring that judgment to Convocation to serve the public and the profession.
Elected Bencher
2001-2003 I have been fortunate to have been given the opportunity to develop experience across the Society’s
2006-Present mandate, to help bring about change and to participate in progressive initiatives. More needs to be done.
LL.B. (U of T)
LL.M. (Osgoode) As a Hearing and Appeal Panel member, I am aware of the need to continue to improve our discipline
Called 1975 process.

General Counsel As member of the Finance Committee, I have carefully balanced the need to fund important programs
Ministry of the Attorney General, with awareness of the financial burden fees can place on lawyers.
Constitutional Law Branch
As a member of the Governance Task Force, I helped develop the needed reform in our governance
2010 Tom Marshall Award structure. One aspect I supported, term limits, will contribute to the election of new benchers and
Ontario Bar Association enable renewal.

2003 President’s Award As Chair of the Equity and Aboriginal Issues Committee, I am encouraged by the increased
Women’s Law Association participation of women, minorities and persons with disabilities in our profession. There are still barriers
and difficulties in working conditions, earnings and attitudes. I contributed to our significant initiatives
Associate Chair to assist the retention of women in the profession. While this work continues, we need to focus next
University of Toronto Tribunal & on assisting other equity seeking groups. We have completed important consultations on the needs of
Discipline Appeals Board Aboriginal lawyers and begun consultations with racialized lawyers about issues they face. We need to
build on the advice we have received and to develop initiatives to ensure these groups advance in our
Board Member profession and are not marginalized.
Centre for the Legal Profession
Law Foundation of Ontario As a member of the Licensing and Accreditation Task Force, and the Professional Development
Ontario Lawyers’ Assistance Program and Competence Committee, I know there are challenges for individuals and for the profession as a
Ontario Justice Education Network whole. Increased numbers of graduates, especially those from equity groups, face difficulty in obtaining
articling positions. I am convinced of the importance of mentoring. We need to improve the availability
Past Chair of appropriate mentoring for new lawyers, especially those in small and sole practices. We also need
Sir William Campbell Foundation to ensure the public has access to legal services, particularly in rural and remote areas and amongst
University of Toronto Law linguistic communities. I am committed to working on effective measures to address these problems.
Alumni Association
As Trustee of the Law Foundation of Ontario, I have had an opportunity to improve access to justice
Member and Past Director by funding organizations and groups who pursue public interest mandates. I am also a member of its
Advocates’ Society Class Proceedings Committee, funding class actions in the public interest.

Member As a Board member of the Ontario Justice Education Network, I have worked towards fostering
Toronto Lawyers Association public understanding of the justice system and providing public legal education, particularly for
Lawyers Club of Toronto elementary and secondary students.
Women’s Law Association
Supreme Court Advocacy Institute As a Board member of the Ontario Lawyers’ Assistance Program, I have been committed to
OBA developing a strong organization to help lawyers when they need it. Both the public and the profession
are at risk when lawyers face serious personal, work and family issues without assistance.
Past Adjunct
University of Toronto I ask for your support for re-election so that I may continue to bring my experience, energy and
Osgoode Hall enthusiasm to the important work of Convocation.

Founding Director and


Endorsed By:
Association of Law Officers
of the Crown

97
Barbara Murchie
Toronto
A small-town, Northern Ontario upbringing gave me strong values; 10 years’ experience in the
television industry made me a real producer; 25 years as a lawyer, in large and small firms, showed
me the realities of practice; not-for-profit experience taught me good governance and to listen to, and
balance, competing interests. This is the background that I believe will make me an effective bencher.
In considering the issues and in speaking to lawyers across the province to prepare to run for this office,
two common concerns have emerged: the need for more relevant training for recent graduates and the
continuing lack of access to justice. In addition, lawyers from outside of Toronto want to be heard.
Those in small firms do not want unnecessary regulation. Those in smaller communities face the greying
of the bar without a succession plan. Many are concerned about the role of women.
If elected, I will:
• support initiatives to increase entry-level skills.
Background
• actively work on increasing funding to legal aid and support limited retainers.
Public and high school in New Liskeard,
Ontario • be responsive to lawyers from all areas and practices in the province.

B.A. University of Toronto • support opportunities to introduce lawyers to small-town practices and take active steps to
retain women in private practice.
Producer/director CITY-TV, CFTO TV,
CTV prior to and during Osgoode Hall • be wary of over-regulation.
Law School
Called 1986 Ensuring Competence

Practised litigation in small and large Too many graduates emerge from law school without the substantive skills required to practise law. The
firms Law Society’s licensing process, disciplinary proceedings and mandatory CLE support a competent
profession. But the Law Society, and the law schools, must take additional steps to ensure a minimum
Partner, Bennett Jones LLP since 2005
standard of competence in the profession starting from the initial stages of a lawyer’s career. Basic skills
training should not be left to the employing law firm or to new lawyers themselves. The current hit-and-
Professional Service
miss approach does not serve the interests of graduates, who have spent considerable time and money
Regional Co-Chair, Court House Series obtaining their degrees; it does not address the interests of the profession and it puts the public at risk.
2005-2011 Higher standards are a must.
Thunder Bay, Windsor, London,
Hamilton, Kitchener, Ottawa, Toronto Providing Access to Justice through Legal Aid and Limited Retainers

Duty Counsel, Law Society hearings Most middle and low-income people cannot afford lawyers. With self-represented litigants, the hearings
are typically longer and more costly to the system and the opposing party than if another lawyer had
Trustee and President, The Lawyers
been involved. The Law Society must continue to create and encourage opportunities for pro bono
Club 1994-2001
representation. Most importantly, it must work to increase funding to legal aid to avoid the costs, delay
Director, The Advocates’ Society 2002- and injustice that too often accompany self-representation. I have had requests to work on limited
2005 retainers and have successfully defended a professional on that basis. I support limited retainers, with
Member, IPIC, CBA, OBA, TLA and appropriate safeguards for lawyers who undertake them, as another means to increase access to justice.
WLAO Fostering an Inclusive Approach

Community Service With small town roots, I understand the sense of marginalization that can come when those outside the
affected community make the decisions. Our profession serves a broad range of clients in towns and
Chair and Director
cities throughout the province. I have seen this diversity in practices through: helping to bring to cities
Casey House Foundation
across Ontario an Advocates’ Society/local law association CLE programme (Court House Series);
(HIV/AIDS Hospice 1996-1999)
volunteering as pro bono legal counsel for the Law Society; and working in small and large firms. The
Chair and Director effects of the Law Society’s decisions are as varied as the affected practices and I will consider them in
Ovarian Cancer Canada every instance.
(1999 – 2010)
Greying of the Bar
The greying of the bar is an access to justice issue in smaller communities. Law Society efforts, such
as the recent job fairs, to introduce young lawyers to lifestyle and career opportunities in these smaller
towns are a good start. I welcome the opportunity to work with local benchers to identify further
initiatives to address this problem.
Retaining the Disappearing Sex
I have sadly watched the departure of too many good women lawyers from practice for a variety of
reasons. I applaud the work of our Treasurer, Laurie Pawlitza, and her fellow benchers in producing the
recommendations for the Retention of Women in Private Practice. I look forward to being part of the
implementation of those recommendations.
***
If you share my concerns, if you want a bencher who will respond, vote Barb Murchie.
Contact me at http://electmurchie.wordpress.com/
98
Kimberly R. Murray
Toronto
Respectful Relations

I wish to acknowledge the ancestral lands of the Mississaugas of the New Credit First Nation, where
Osgoode Hall is situated on. My primary reason for wanting to be a bencher is to further the work that
the Law Society has begun in improving access to the legal system for Aboriginal people.

As the current Executive Director of the Truth and Reconciliation Commission of Canada (TRC), it is an
enormous honour for me to sit with, and learn from, First Nation, Métis and Inuit people across Canada.
The relationship between Aboriginal communities and the legal system has been marred by serious
injustices. For example, the government’s residential school policy permitted, in law, the abduction
of Aboriginal children from their homes, families and communities and had them placed in state and
church run schools with the main goal to “kill the Indian in the child.” When Aboriginal parents,
communities and governments attempted to stop the apprehension of their children, the law was used
• Member of Kanesatake against them. The law made it illegal for Aboriginal people to hire lawyers without the consent of the
Mohawk Nation federal government, and required them to relinquish their Aboriginal rights if they themselves wanted to
• Called to the Bar in 1995 become lawyers. I note this sordid history to explain some of the reasons why the Aboriginal community
may mistrust the law, lawyers and the Canadian justice system. Reconciliation between Aboriginal and
• 15 years at Aboriginal Legal non-Aboriginal people, institutions, and governments is vital.
Services of Toronto as lawyer
and Executive Director Prior to my appointment to the TRC, I worked as a staff lawyer and Executive Director of Aboriginal
(1995-2010) Legal Services of Toronto (ALST). For 15 years, I worked on behalf of the most marginalized members
of the Aboriginal community. I learned first hand the importance of maintaining and improving our legal
• Member, Aboriginal Working aid system. As a young lawyer, I was fortunate to have several mentors from the legal profession and I
Group – Law Society of Upper often relied on the pro bono services of lawyers in various firms and law faculties across the province.
Canada
• Recipient of 2009 City of Drawing on these experiences, if elected bencher, I am committed to enhancing the following key
relationships:
Toronto Aboriginal Affairs –
Access, Equity, Human Rights a) The Law Society of Upper Canada and Legal Aid Ontario
Award
Our legal aid system in Ontario is the best in Canada. We should be proud of our progress in developing
• Community Leadership in a system that attempts to respond to the various legal needs of low income Ontarians. As good as our
Justice Fellowship – Law system is, more work can be done. The establishment of Aboriginal Legal Service Corporations is
Foundation of Ontario (2007) necessary to better serve the Aboriginal community, proper compensation for lawyers receiving legal aid
• Member, Aboriginal Advisory certificates is essential, and improved support for legal aid clinics is required.
Committee Legal Aid Ontario
b) Experienced Counsel and the Junior Bar
• Member, Director’s
Mentorship is an important and valuable process that all lawyers in Ontario should have access to,
Resource Committee Special
regardless of where they practice. Connecting senior counsel with recent calls can reduce the number of
Investigations Unit complaints received by the regulatory arm of the Law Society and help foster public confidence in the
• Member, City of Toronto legal profession.
Aboriginal Affairs Committee
c) Marginalized Communities and Pro Bono Legal Services
• Member, Board of Directors -
Association in Defence of the Far too many people cannot afford to hire lawyers to assist them with their legal needs and fall between
Wrongly Convicted the cracks of legal aid. These individuals can benefit the most from enhanced pro bono legal services.
Our profession has made great strides in developing a pro bono culture in Ontario. However, I remain
• Adjunct Professor, Osgoode concerned that inexperienced, often unsupervised, lawyers are practising on the poor. I believe that
Hall – Co-Director of the Law Society needs to issue guidelines on pro bono legal services to remind counsel that the rules
Aboriginal Intensive Program of professional conduct apply equally to pro bono clients as to those that can afford to pay for legal
assistance.
• LL.B. Osgoode Hall 1993
• Mother of two daughters d) Families and the Practice of Law
More needs to be done to support parents in the legal profession. Through my 16 years of practising
law, seven have been as an only parent of two children. The legal profession has not always been
accommodating to my family status. If elected bencher, I am committed to furthering the work of the
Retention of Women Task Force and to implementing supports for lawyers with children.

I thank you for considering my candidacy. Please feel free to contact me at kim.murray@trc.ca if you
have any questions.

99
Gina Papageorgiou
Toronto
I firmly believe we need more diverse representation at Convocation. Because of my
experience as a former partner with a large law firm, crown attorney, in-house counsel and
my current work as a sole-practitioner working in the non-profit sector, I have a broad and
valuable perspective on the profession.

Access to Justice: Studies document the increasing inability of Ontarians to access


affordable legal services, as well as the growing problem of the unrepresented litigant. In its
next term the Law Society will be devoting increasing attention to these important issues.
For many years my practice has focussed almost exclusively on matters involving access to
justice. As President of the Schlifer Clinic and Director of the Human Rights Legal Support
Centre, I have directed organizations which improve access to justice for some of the most
marginalized and vulnerable people in our society, many of whom do not speak English.
Married with two children
During my Presidency, the Schlifer Clinic received the prestigious Guthrie Award for its
Called to the Bar: 1991
outstanding contribution to access to justice in Ontario. As a Deputy Judge of the Small
LL.M.: 2006
Claims Court, I am continually grappling with the problems faced by our system, as well as
by litigants who cannot afford legal representation and are forced to represent themselves.
Deputy Judge
As counsel to the Class Proceedings Committee and the Law Foundation of Ontario, I work
Small Claims Court
to advance access to justice daily. I have a unique and important “on the ground” perspective
Counsel
and expertise which the Law Society needs.
Class Proceedings Committee
and Law Foundation of Ontario
Working Conditions for Lawyers: Surprisingly, while more and more Ontarians cannot
Vice Chair
afford lawyers, more and more lawyers cannot find jobs. Studies continue to recommend
Human Rights Legal
increases to the legal aid tariff. Complaints about incivility have increased by 50%
Support Centre
over the last ten years. Mentorship continues its downward trajectory. Billable hour
expectations preclude the work-life balance which many lawyers want. We must address
Past positions
these critical issues.
and appointments
1) Partner, McCarthy Tétrault
Diversity: In order to maintain and advance justice and the rule of law, we must be a
2) Board President, Barbra Schlifer
profession which internally supports and promotes equality and diversity. In the past several
Clinic
years the legal profession has studied and identified issues faced by women and minorities;
3) Special Investigator of Sexual
many measures now address these issues. However, there is still much to do; all of the latest
Harassment,York University
studies still show that women and minorities continue to face barriers in terms of status and
4) Assistant General Counsel,
satisfaction within the practice of law. In 2004 I left private practice for a short time to study
York University
barriers facing women lawyers from an academic perspective. I have much to offer as a
5) Assistant Crown Attorney
woman with a lived experience and a proven commitment.
6) Member, Commercial Court
Users Committee
Benchers Need to Reflect the Changing Face of the Profession: Democracy works best
7) Lecturer, Business Law, U of T
when all groups have a voice. The 2009 LSUC Annual Report shows that approximately
8) Instructor, Bar Admissions
58% of the lawyers in Ontario represent a demographic group which is under 50 years of
Course
age. Yet only a handful of elected benchers is from this group. 2009 Membership data also
shows that lawyers practising in sole or small settings account for 98% of firms and 63% of
Community Involvement
all practitioners. These groups, as well as women and minorities, need more representation
including United Way Speaker,
among elected benchers.
Humbercrest Nursery School
President, various publications
Independence of the Profession: Self-regulation is a privilege which we need to safeguard.
and conferences regarding the
Ongoing issues like increasing incivility, declining access to justice, and continued barriers
legal profession, diversity, and
to equality undermine the public confidence in the legal profession. While law certainly is a
access to justice
business in many respects, justice should not be a commodity for sale.
Awards including
I put my heart and soul into everything I do and I have a proven track record of success. As
Achievement of Excellence Award,
a bencher, I will work tirelessly to improve the legal profession, remove barriers to equality,
Ministry of Attorney General, and
promote the public interest, and improve access to justice.
Dean Ivan Rand Award
I ask for your support and encourage everyone to contribute to ongoing discussions and
debates about the profession.

“Be the change you want to see.” – Mahatma Gandhi

100
Laurie H. Pawlitza
Toronto
I was elected Treasurer by my bencher colleagues in June, 2010. Many of them have
encouraged me to serve a second term as Treasurer. Under the Law Society Act, I can only
do so if I run and am elected as a bencher in this election.
I am proud to be a lawyer. And I am proud to be a bencher.
Since my 2003 election, I have had the opportunity to both lead and support many positive
changes in our profession.
Governance: I supported the introduction of term limits for benchers.
Civil Legal Needs Report & Legal Aid: A healthy legal aid system is the backbone of access
to justice for low income Ontarians. Our legal system remains overburdened. The Law Society
is a leading participant in the Alliance for Sustainable Legal Aid. We must continue this work,
LSUC Positions Held especially for those who do not qualify for legal aid. The Law Society recognizes that we must
assist Ontarians with access to justice. As of 2010, the Society’s Lawyer Referral Service is toll
Currently, Treasurer, Law Society of free. We now receive 12,000 calls a month.
Upper Canada
Elected Bencher since 2003 Competence: As Chair of Professional Development and Competence, I led the introduction of
Prior to being elected Treasurer: our new Continuing Professional Development (“CPD”) requirement. CPD must be affordable
- Chair, Professional Development and accessible. I am pleased that the annual CPD requirements can be met without the lawyer
and Competence paying a program fee. Study groups, mentoring, teaching and writing all qualify for credit.
- Co-Chair, Retention of Sole Firms And Small Practices: The Greying Of The Bar: Outside the urban areas, the bar is
Women in Private Practice greying. In many communities the small town practitioner may disappear altogether. This year,
- Vice-Chair, Government we held the first articling symposium for sole practitioners and small firms, at which 130 small
Relations firms met with 300 law students. This is one of the new initiatives we have started to address
- Director, LawPRO and assist the aging bar.
Women In The Profession: Women now enter the profession in numbers greater than men,
but they leave private practice almost three times more often than their male counterparts.
Other Professional
As Co-Chair of the Retention of Women in Private Practice project, I introduced the first
Activities comprehensive approach by a Law Society to assist both small and large firms to keep women
in private practice. Our implementation (including the Justicia project and the Parental Leave
Family Law Rules Committee Assistance Plan) is under way and has been well-received.
(2001-2007)
Trustee, The Lawyers Club Future Challenges: If I am elected, there are a number of issues facing the bar that I intend to
(2000-2007) address:
OBA Family Law Section Executive Articling: The number of students seeking articles has increased by 50% over the past ten
(1999-2003) years. Not surprisingly, the number of unplaced students has also risen dramatically. There
are few articling positions outside of our major urban areas, and in certain practice areas
such as criminal defence.
Other Volunteer Activities Mentoring: Over the years, mentoring of young lawyers has waned. Young practitioners,
especially those starting practice as sole practitioners or in small firms, need good mentors.
Former Chair and Director, Casey A co-ordinated approach is required.
House Foundation (supports HIV/
AIDS Hospice) (1998-2003) The Self-Represented: The number of self-represented litigants continues to rise.
Neither courts nor lawyers are well equipped to deal with the unrepresented. This issue is
Volunteer,YMCA (1988-2002)
particularly acute in family law.
Reflecting the Face of Ontario: The face of our profession does not yet mirror Ontario’s
Biographical Background diversity. While the Society has begun to address this, we can do more. This is an
important access to justice issue.
Born and raised on a
Meeting You: Since 2003, I have had the chance to meet lawyers from all over the province.
Saskatchewan farm
These meetings have been the best part of my bencher work so far. You have helped me
B.A., 1980, LL.B., 1983 recognize our differences - and our similarities. I have learned a great deal, both about you and
University of Saskatchewan about your work. You have shaped my opinions. I thank you for that.
Called in Ontario, 1986
Partner, Torkin Manes LLP I hope to continue to serve the profession and meet many more of you in the time ahead. You
Named a ‘Best Family Lawyer’ can learn more about me and what I stand for at:
by Best Lawyers in Canada • www.youtube.com/ReElectPawlitza • www.facebook.com/laurie.pawlitza
Live in Toronto with my husband, • Twitter - @ReElectPawlitza • www.torkinmanes.com/ReElectPawlitza/pawlitza.html
a Newfoundland dog and
three cats Please feel free to e-mail me at ReElectPawlitza@torkinmanes.com.
101
Julian Porter
Toronto
My practice has touched on almost every aspect of non-commercial litigation. I have
defended murder cases (not good results), obscenity cases (bad results) and run-of-the-mill
criminal cases. For years I acted for many health professions and appeared before countless
administrative tribunals. I now mostly do libel, slander, copyright and interference with
economic relations and I am often fencing with human rights tribunals. I have appeared
before a parade of juries and enjoy bringing the tingle of theatre to the Court.

I’ve been in big law firms, a small criminal law firm, then building a solo practice to a 12
person firm; then moving to a mega firm and for the past eleven years, a sole practitioner. My
past partners have included a leader of a national political party and a long term visitor to jail.

When I’m not being a bencher or a litigator I am writing a book, 133 Paintings to See Before
Sole practitioner since 2000.
you Die, from Giotto to Picasso. You can see some excerpts on my web site:
www.julianporterqc.com. It won’t hurt to have a bencher who knows his art.
Julian Porter, Q.C., has been a
barrister since he was called to
Convocation is composed of a large number of benchers with a vast variety of experience. At
the Bar. His first 8 years were with
times Convocation has the crackle of Westminster, people standing, the roll call of votes, the
John Sopinka at Faskens. Julian has
narrowness of margins of defeat. Always the debate widens your scope, often you become
been involved in a variety of civil
allies on an issue with former opponents. This is the splendour of the job, and civility is the
and criminal cases. He has given
cement of the institution.
numerous lectures on cross-
examination and libel. He is
I have been a bencher since 1999. I have headed the Litigation Committee, the
co-author of Canadian Libel
Government Relations and Public Affairs Committee, Ontario Lawyers Gazette Advisory
Practice. He has been Chairman
Board and I am currently Chair of the Proceedings Authorization Committee which
of the Toronto Transit Commission,
processes the discipline cases.
President of the CNE and on the
Boards of the Cancer Research
I wish to note four extraordinary candidates for bencher:
Foundation and the Stratford
Festival.
Carol Hartman: from Sudbury, she is a most able Chair of Finance,
which is a complex committee;
He is a member of The Advocates’
Society, Ontario Bar Association,
Janet Leiper: wise with a quiet determination, running for the first time;
a Fellow of the American College
of Trial Lawyers and recipient of
Wendy Matheson: a Toronto litigator both energetic and practical,
an honorary LL.D. from Queen’s
running for the first time;
University.
Laurie Pawlitza: our Treasurer, whose talent is astounding.
Julian is married to Anna Porter.
I am painfully aware of the uncertainties of a law practice, clients come and to my grief, they
go. Our profession is a valley of potholes. As a bencher I won’t do anything foolish. I’ve
looked out for the practitioners’ interests since 1999 and I want to continue. I am reliable and
we have a need for reliability in the face of the unforeseen challenges which will arise.

I have seen much as a bencher, all of it an education. I believe I bring common sense to
debate and a dollop of humour which doesn’t hurt.

Come on, it won’t spoil some vast eternal plan if you vote for me!

102
A. Michael Rothe
Toronto
Friends and Colleagues,

I am proud to stand as a candidate for the 2011 Bencher Election. At the same time that we
have witnessed remarkable progress from our Law Society we have also witnessed the loss of
this privilege in other jurisdictions.We cannot take our self-governance, the basis for a strong
and independent Bar, for granted. There remains considerable work to be done. The Law
Society must therefore balance fair regulation in the public interest while at the same time
minimizing unnecessary disruptions and red tape for the profession.

As bencher, I will bring over a decade of experience as in-house counsel in the public and
regulatory sector to bear in my new role, to ensure that the Law Society governs effectively in
the public interest while working cooperatively with its members.
Married, with one daughter
Communication
Practice
It is my desire to continue to build upon the efforts of other benchers to ensure that we, along
Director, Legal Services
with the Law Society, communicate and consult with the profession about the current issues
Department
and challenges facing our profession. Benchers must be available, accountable and engage
Ontario Motor Vehicle Industry
with the profession regarding the decisions and actions of Convocation.
Council
Perspective
Education
It is the responsibility of benchers to represent the interests and present the perspectives of
• Osgoode Hall: LL.M. in
the entire profession and not just a select few. As in-house counsel I am uniquely positioned
Administrative Law
to provide a complementary perspective to the traditional private practice practitioner. I have
• Osgoode Hall:
also appeared before all levels of court and tribunals across Ontario from the Court of Appeal
Post-Graduate Diploma
in Toronto to the Licence Appeal Tribunal in Thunder Bay. This experience has given me
in Justice Administration
insight into the unique perspectives and challenges facing those of us who practise outside
• University of New
of the GTA and in smaller communities. Finally, having lived, worked and studied in Europe
Brunswick: LL. B.
and Asia, as well as having returned to Ontario from a law school outside the province, I
• Wilfrid Laurier University:
can empathise with the challenges facing prospective students and lawyers from outside of
Hons. B.A.
Ontario and Canada who are seeking to practise in Ontario.
• International Studies:
Universität Heidelberg;
As a bencher I will bring a complementary perspective to those traditionally presented
Universität Mannheim; and
to the Law Society and I will strive to work for the betterment of all sectors of our
Moscow State University
profession–barrister and solicitor; in-house, large/medium/small firm and sole practitioner;
rural and urban practices.
Community Service
• Speaker at various seminars
Continuing Professional Development
and conferences on
While it is important to ensure that all lawyers meet and maintain the same standards, to
administrative and regulatory
ensure a competent and ethical Bar, the Law Society must ensure that all CPD programs are
issues
accessible, relevant to local legal markets and affordable. The Law Society must work with
• Past-Instructor: Law Clerk
other legal organizations to ensure that the CPD programs offered to the profession are
Program, Seneca College
cost-efficient, and provide substantive practice management skills available throughout
• Past-Board Member:Varley
the province, that reflect the diversity of the composition and practice types of all members,
Gallery
whether in large firms or small, in-house or private practice.
• Past-Board Member: Ontario
Chinese Canadian Association
Access to Justice
Increasingly, ever more litigants appear before Ontario’s courts and tribunals without
Membership
representation. This is not only a fundamental access to justice issue but a significant issue
• Law Society of Upper Canada
facing counsel representing the opposing litigants. There are many self-represented litigants
• Ontario Bar Association
who qualify for a legal aid certificate but cannot find a lawyer willing or able to accept the
• The Advocates’ Society
retainer. The Law Society must take a leading role in working to resolve this issue so
• The Prosecutors’ Association
that lawyers who accept Legal Aid Certificates are fairly compensated and litigants who
of Ontario
require representation receive it.

103
Linda Rothstein
Toronto
In April 2007 I was privileged to be elected for the first time as a bencher. It gave me the
opportunity to become engaged in the many challenges that confront our profession and to
take steps to address them.

I am proud of my work, as a member of the Governance Task Force, bringing much needed
reforms to the composition of Convocation. It was a long and tough fight but we eventually
brought about changes, including a much needed term limit of 12 years for benchers. I hope
this will foster renewal in our ranks. But Convocation is still too large, our decision making
processes are often cumbersome, and it is time for our work to be more transparent. We
should consider webcasts of Convocation.

There are many pressing issues that must be addressed by the next Convocation. My two
• Married with four children
priorities are access to justice and the discipline process.
• Called to the Bar of Ontario
(1982)
In 2010, the Access to Justice committee persuaded Convocation to support the Civil Legal
• Managing Partner, Paliare
Needs Study so that we can identify how best to deploy resources to address the under-
Roland Rosenberg Rothstein
representation of middle and lower income Ontarians in the judicial system. I supported
• Member, Governance Task
funding for this important project. This long overdue initiative is but one small step. It is
Force (2007-2011)
time for the Law Society to take a leadership role, by partnering with Legal Aid Ontario, the
• Member, Retention of Women
Law Foundation of Ontario, Pro Bono Law Ontario and others to address the legal needs of
Working Group (2007-2008)
Ontarians. If we don’t, four years from now little will have changed and the public will stop
• Co-chair, Justicia Project
believing that our profession cares about the lack of affordability of legal services.
-Medium Firms (2008-2011)
• Chair, Professional Regulation
The discipline process is one of the Law Society’s core functions. Much time and many
Committee (2008-2010)
resources are devoted to it. But for members who find themselves practising in a vacuum,
• Co-chair, Tribunals Committee
and struggling with their practice and professional responsibilities, there are not enough
(2010-2011)
ways to address the Law Society’s concerns quickly and affordably. We need to consider
• Vice-Chair, Finance Committee
innovative approaches: access to duty counsel early in the investigative process, increased
(2010-2011)
use of alternative dispute mechanisms, and more experienced lawyer-adjudicators from the
• Past President, The Advocates’
profession to sit with benchers on discipline.
Society (2005-2006)
• Awarded Law Society Medal
I practised happily in a large firm for almost 20 years and, for the last 10 years, in a small
(2005)
one. I have been lucky to travel frequently across the province to meet with local members of
• Awarded Toronto Lawyers
the Bar. I believe I have come to understand the problems lawyers face inside and outside of
Association Award of
Toronto, in large firms and in small ones. I will continue to press for change. I am prepared to
Distinction (2008)
push hard for reform. It takes energy, enthusiasm and just plain doggedness.
• Fellow, American College
of Trial Lawyers
I would like to commit that energy to the work of the Society for 4 more years. I would
• Fellow, International
appreciate your support.
Academy of Trial Lawyers
• Commission Counsel,
For more information please visit www.lindarothsteinforbencher.com
Inquiry into Pediatric
Forensic Pathology
• Best Lawyers in Canada:
Bet the Company Litigation,
Corporate and Commercial
Litigation, Administrative
and Public Law, Labour and
Employment Law

104
Mark J. Sandler
Toronto
I am seeking your support for a 3rd term as an elected bencher. I have worked very hard as a bencher
– for example, in 2010 alone, I was engaged in bencher work on 111 days.

I believe that my experience as a bencher (particularly as a Chair and member of multiple


committees), and as a small firm practitioner, appellate and trial criminal litigator, Chair of the Law
Foundation of Ontario, adjudicator, professor and community volunteer enables me to better serve the
legal profession and the public.

Discipline and Professional Conduct – I am Chair of the Appeals Panel, Co-Chair of the Tribunals
Committee, Chaired the Tribunals Composition Task Force and was a member of the Investigations
Task Force. It is important that complaints be investigated, and, if necessary, adjudicated upon in a
timely, consistent and fair way. I have worked hard on enhancing the professionalism of our tribunal:
supporting the selection of qualified non-bencher adjudicators; providing Adjudicator Education at
Partner, Cooper & Sandler LLP;
Convocation; working on improved Rules of Practice and an Adjudicator’s Code of Conduct. I have
Appellate and trial criminal
authored over 50 reported appeal judgments, as well as numerous hearing decisions.
litigator for 31 years; Elected
bencher (two terms); Chair, Law Mentoring – Many lawyers do not have ready access to a mentor and are reluctant to contact the Law
Foundation of Ontario; Chair, Society to facilitate access to such a mentor. Ongoing mentoring reduces the likelihood that members
Appeals Panel; Co-Chair, Tribunals of the profession will face the discipline process, which is frequently the result of practice difficulties,
Committee; Elected Fellow, rather than dishonesty. I support greater initiatives to enhance access to senior mentors.
American College of Trial Lawyers;
Counsel to seven inquiries or Sole and Small Firm Practitioners – We need to do more to provide support for sole and small firm
reviews, including Goudge Inquiry practitioners in dealing with the difficult issues they face on a daily basis. I supported the initiatives
(Pediatric Forensic Pathology); in this area in the last term, but this has to be given significant priority in the upcoming term.
Guy Paul Morin Inquiry; Counsel
to Minister of Justice (assisting Legal Aid Ontario – I regard an independent, vital and properly financed Ontario Legal Aid Plan to
be of critical importance to the profession and the community it serves. Legal aid clinics also play a
Justice Kaufman) respecting Steven
vital role that cannot be overlooked. I will continue to be heard loudly and clearly on this issue in the
Truscott application; Adjunct upcoming term.
Professor, Osgoode Hall Law
School 1994 to 2005; Outstanding Equity and Diversity – I am strongly committed to diversity within, and accessibility to, the legal
Pro Bono Legal Services Award; profession. I have served as a member of the Equity and Aboriginal Issues Committee, and am
former Member, Human Rights supportive of the Society’s equity and diversity initiatives (particularly those to promote the retention
Tribunal of Ontario; Co-Author, of women in our profession) during the last term.
Criminal Procedure: Cases, Notes
and Materials, 2nd Edition; Member, Articling Students and New Lawyers – The number of students seeking articling positions and
Advocates’ Society, Criminal ultimately employment as lawyers has dramatically increased. The Law Society must play a greater
Lawyers’ Association; Ontario role in addressing the issues associated with this growth, such as the impact on the profession as a
Bar Association; Toronto Lawyers whole; employment opportunities; and the financial burdens of legal education.
Association;York Region Law
Continuing Legal Education – We now have mandatory CLE – but the true challenge remains –
Association; Faculty, Federation of
ensuring accessible and affordable CLE for practitioners throughout Ontario. I have committed
Law Societies National Criminal to this goal. I also frequently participate in CLE as a lecturer, panellist, and author in educational
Law Programme. programmes offered by the LSUC, Criminal Lawyers’ Association, Federation of Law Societies,
Advocates’ Society, National Judicial Institute, Ontario Bar Association, etc.

Pro Bono Services – Early in my career, I was proud to be a recipient of the Pro Bono Legal Services
Award, and have continued to serve in many volunteer positions in the community. I am the Chair
of the Law Foundation of Ontario, and am proud of our contribution to access to justice in this
province – especially in difficult economic times. I am equally proud of those members of the
profession who provide pro bono services, and continue to lend my support to their activities.

Highlights of Work as an Elected Bencher: Chair, Appeals Panel; Chair, Tribunals Committee;
Chair, Law Foundation of Ontario; Chair, Tribunal Composition Task Force; Member or
Former Member, Equity and Aboriginal Issues; Human Rights Monitoring Group; Working
Group on Anti-Semitism and other forms of Hatred and Discrimination based on Religion;
Professional Regulation; Government Relations.

Member, Criminal Lawyers’ Association; Toronto Lawyers Association; Ontario Bar


Association; Advocates’ Society; York Region Law Association.

I would be grateful for your continued support.

105
Paul B. Schabas
Toronto
The Law Society must continue to move forward and confront the challenging issues facing
the profession – access to justice, access to the profession, education and discipline, retention
of women and the “graying” of the Bar outside Toronto. My experience as a bencher since
2007 has been challenging and rewarding, but also frustrating. We need to do more to make
the Law Society work effectively and efficiently.

My varied litigation practice - media, civil and criminal law - (I started in criminal defence
and still keep my hand in it), and my role as a Trustee of the Law Foundation, keeps me in
touch with many lawyers – in small and large firms, the public sector, clinics and in-house
counsel. My experience in public law, in leading legal organizations, and now as a bencher,
has given me the tools to push hard to make the Law Society work better for the profession,
and the public.
• Married with three children
• Called to the Bar of Ontario LAW SOCIETY REFORM: The Law Society continues to need change and renewal.
(1986) The governance reforms, including much-needed term limits to increase turnover among the
• Partner, Blake Cassels & benchers, was a huge step which I was pleased to support – the only surprise was the degree
Graydon LLP of opposition to it, which highlighted the need for change. There is still much to be done.
Convocation is a large and cumbersome body; approval of new initiatives can be slow and
• Bencher, served as:
difficult. If we are to be successful in addressing the challenges faced by the profession, the
− Co-chair, Access to Law Society needs to be more transparent, efficient and responsive to our members and the
Justice Committee public.
− Chair, Human Rights
Monitoring Group ACCESS TO JUSTICE: It’s time for the Law Society to take a leadership role,
partnering with LAO, LFO, PBLO and others, to develop innovative ways to improve access
− Member, Equity and
to justice. As Co-Chair of the Access to Justice Committee I was an initiator of the Civil
Aboriginal, Tribunals and
Legal Needs Study. This long-overdue empirical look at civil legal needs provided important
Finance Committees
information so that we can address legal needs effectively and where they are needed most.
• Trustee, Law Foundation of Pro bono initiatives are great, but must never be a substitute for a well-funded legal aid
Ontario system. We must do more, and pursue new initiatives, to benefit the public.
• Past President
ACCESS TO THE PROFESSION, EDUCATION AND DISCIPLINE: The profession
− Pro Bono Law Ontario
is facing big challenges. There are not enough articling positions available for those
− Canadian Media seeking them. Women join, but also leave the profession in higher numbers than men. New
Lawyers Association requirements, like mandatory CPD, put an added burden on all of us. The Discipline process
• Adjunct Professor, U of T also needs to improve. We need to confront these issues. This includes looking at the
(media law) future of articling and our licensing process, being more pro-active in providing support to
lawyers who need it – especially new lawyers and lawyers in sole and small firm practices.
• Director
We need to meet the legal needs of smaller communities. Huge resources are dedicated
− Canadian Civil to discipline, and rightly so to protect the public, but we must be more innovative and
Liberties Association efficient. Convocation recently adopted an early resolution process, but we must also look at
− Osgoode Society other forms of ADR and early intervention to avoid lengthy (and costly) investigations and
hearings.
• Former Director
− Advocates’ Society If re-elected, I’ll work hard to serve the profession, and address these challenges.
− Family Service Toronto Thanks for your support.
− National Youth
Member: AIDWYC Advisory Committee, Friends of the Community Clinics Committee,
Orchestra
OBA, TLA, The Advocates’ Society, Criminal Lawyers Association
• Fellow, American College of
Trial Lawyers
• Past Chair
− OBA Constitutional
and Civil Liberties

106
Robert Shawyer
Toronto

I am standing for election as a bencher in my fifth year of practice because I believe it


is important that younger members of our profession be involved in the direction and
governance of our Law Society as it evolves.
Access to Justice: Since I began practising law in 2006, I have been a sole practitioner. As
a result, I appreciate and understand the unique role the sole and small firm lawyer plays in
ensuring the public’s access to justice. In order that the public continues to have access to
our justice system the Law Society must ensure that the services lawyers can provide evolve,
otherwise the number of self-represented litigants will continue to grow, especially in the area
Call 2006 of family law where approximately 70% of litigants are self-represented, and our court system
Windsor Law 2005 will become overburdened. In order to avoid this situation lawyers must be able to offer
services such as drafting and swearing affidavits for clients involved in litigation through
Principal, Shawyer Family Lawyers limited scope retainers. It also means that the Law Society must play a role in helping lawyers
Practice restricted to Family Law understand and adapt to the changing needs of the public we serve. We need benchers who
and Child Protection recognize the changes taking place, who are connected with the business of running a law
Board of Directors of the Family practice and who will look ahead and anticipate the coming challenges in providing
Lawyers Association and Solo, Small legal services.
Firm and General Practice Forum Changing Nature of Providing legal services: The internet has been with us for
Member of the Ontario Bar quite sometime; however in the last couple of years its use by the public has increased
Association Family Law Section and exponentially, especially in terms of accessing services to meet their needs. The Law Society
the Solo, Small Firm and General must deal with the issue of legal advice over the internet and create a comprehensive policy
Practice Forum in this regard. Benchers with the ability to understand the unique challenges presented by the
internet and its effect on the practice of law and the provision of legal services are needed.
Presenter at continuing legal
education programs Growing the profession: At the present time approximately 1,650 law school graduates and
approximately 185 foreign trained lawyers per year are applying to be licensed by the Law
Society; however there are approximately only 1,450 articling positions, which means that
robert@shawyerlaw.ca approximately 385 applicants per year are unable to secure articling positions. This threatens
the stability of the licensing process and threatens to drive young people from the profession.
At present only 33% of all licensed lawyers in Ontario are under the age of 40. The Law
Society must take action over the next four years to deal with this situation and come up with
and implement a plan to ensure that young people have the ability to be licensed.

107
Beth Symes
Toronto

I have practised as a sole practitioner, in a small firm, a large firm, as Chair of a tribunal,
and now as a partner in a litigation boutique, working on some of the most challenging and
important public law cases in our community.

I am dedicated to equity within the profession and affordable high quality legal services
for the public. Equity, excellence and affordability can be achieved while ensuring that our
members are financially vibrant.

The profession has changed: more than 50% of new lawyers are women and more than 20%
are racialized. It is exciting that lawyers now more closely reflect the community they serve.
Partner, Symes & Street
But the profession does not provide equal opportunities for all.
Called to the Bar 1978
LL.B. Queen’s University
Young women lawyers are leaving the practice in large numbers. Although most new
Practises administrative law,
graduates begin their legal careers in similar positions, five years after their call, there is a
civil litigation, labour law and
significant gap in where lawyers practice and what they earn. After 15 years, women earn
equality rights
27% less than white men and racialized lawyers earn 38% less. This gap is significant and
troubling. In addition, I have observed that racialized lawyers are over represented in the
Order of Canada December 2010
discipline process. These are challenges which the Law Society and the profession must
LEAF Founder’s Award 2010
address.
WLAO President’s Award 2004
Gordon Henderson Lecturer
We share a common vision of an excellent, strong and inclusive bar.
in Human Rights 2003
Law Society Medal 1996
To govern in the public interest, Convocation must represent the diversity in the professions:
men, women, racialized lawyers and lawyers with disabilities.
First Chair, Pay Equity
Hearings Tribunal
I have focused my past eight years at the Law Society on equity, discipline and money,
key issues for self-regulation. If I am re-elected as a bencher, I will work hard on behalf of
Lectured Trial Advocacy,
the entire profession. I will contribute my experience, my vision of equity, and my goal of
Economic Regulation and
excellence.
Constitutional Litigation

Elected Bencher 2003


Served as VC Proceedings
Authorization Committee, Chair
Audit Committee, VC Finance,
member of Compensation, Equity,
Tribunals Committees and
Co-Chair of the Return to
Practice Working Group

1st VP Canadian Institute for


the Administration of Justice

Founder of Women’s Legal


Education and Action Fund
Founder of Feminist History
Society
Founder of Society of Adjudicators
and Regulators

108
Anita Szigeti
Toronto
Dear Colleague,

Vote for me and join a conservationist effort! Let’s prevent the extinction of a recently endangered
species: the legal aid lawyer.

The only way that the most marginalized and vulnerable citizens can afford to be represented in
Court and before tribunals is by way of Legal Aid certificates. Senior members of the bar have,
historically, provided first-class representation to such clients. In recent years, we have seen an
exodus of experienced counsel from Legal Aid. In addition to being marked by chronic underfunding
and appallingly low hourly rates of pay, Legal Aid is increasingly micro-managed in its day-to-day
operations in the name of “efficiency.” This approach restricts the ability of legal aid lawyers to provide
zealous advocacy for their clients, especially in the criminal defence context, where most of LAO’s
budget is spent on services. Legal Aid’s focus on quality of services and support for lawyers who
ENDORSED BY provide those services must not be compromised in the pursuit of saving the Attorney General money
THE MENTAL HEALTH wherever and however possible. I am keenly interested in ensuring that due process and trial fairness
LEGAL COMMITTEE do not fall victim to an over-enthusiastic approach to cost-cutting.

• Called to the Bar (1992) I have been puzzled as to why these issues do not appear to be on the radar of Law Society business.
They tend to get addressed mostly through advocacy by Lawyers’ Associations and occasional bouts
of boycotting. However, the problem of defence counsel being impeded in their ability to defend
• U of T Law grad (1990)
clients because of limitations imposed on their budgets, or of good lawyers refusing to accept legal aid
certificates altogether, are not lawyer compensation issues. Rather, they become access-to-justice issues
• Sole practitioner (8 years) that adversely affect poor people’s chances of getting a truly fair trial. As our Court of Appeal has noted:

• Partner in small law firm Effective assistance by counsel also enhances the adjudicative fairness of the process in that
(Hiltz Szigeti) since 2002 it provides to an accused a champion who has the same skills as the prosecutor and who can
use those skills to ensure that the accused receives the full benefit of the panoply of procedural
• Mom to two astonishing kids, protections available to an accused.1
Scarlett (8) and Sebastian (5)
A defence lawyer who is not funded to obtain transcripts of a preliminary inquiry to put to witnesses at
trial is a “champion” whose wings have been clipped. In my opinion, these issues fall squarely within
• (Founding) Chair of Mental the mandate of the Law Society, which is the following:
Health Legal Committee for
nine years (1997 to 2006) The Law Society governs legal service providers in the public interest by ensuring that the
people of Ontario are served by lawyers and paralegals who meet high standards of learning,
• Counsel to clients with serious competence and professional conduct, and by upholding the independence, integrity and honour
mental health issues before of the legal professions for the purpose of advancing the cause of justice and the rule of law.
administrative tribunals and
on appeals I don’t know why the Law Society has not examined the state of Legal Aid in this province. As a
bencher, I will find out. I will work very hard to ensure that low-income Ontarians continue to be able
to access justice in our Courts.
• Former Chair, current
member of LAO’s mental It is not the case that I only care about this one issue, to the exclusion of all others. My primary focus is
health law advisory committee on the legal aid crisis because I see it as having a domino effect that exacerbates all other issues facing
the profession: articling positions, foreign-trained lawyers, graying of the bar, equity and diversity at the
• Educator, lecturer, widely bar – success on many of these fronts ultimately depends on a healthy and vibrant legal aid plan. At the
published author (including very least, more stable funding of legal aid would improve the plight of not only clients of legally aided
text book on consent and services but also those lawyers prepared and willing to work hard on behalf of marginalized and diverse
capacity law) client populations.

Here is why I’d make a good bencher: I have a healthy dose of common sense. I like to get things
• Fifteen years’ experience as done. I would be a fair but firm adjudicator on discipline matters. My professional track-record reflects
counsel to almost exclusively principled and reasonable positions taken on policy matters and fearless advocacy on behalf of clients.*
legally aided clients
For more information please see: http://anitaszigeti.wordpress.com/ and http://on.fb.me/eQZFtd
• Frequently appointed
amicus curiae Thank you for voting for a progressive, polite but firm voice at Convocation.

• Fearless advocate Anita Szigeti

*
Plus, I could organize that bencher car-pool in a jiffy.
• Not entirely humourless

1
R. v. Joanisse; R. v. G.D.B
109
M. Philip Tunley
Toronto

You have an opportunity to shape Convocation and its agenda for the coming years. I want
to build on recent improvements in the regulation of our profession in a way that respects and
strengthens the growing diversity of legal practice today. I ask for your support.

Representation of our diversity in Convocation is a challenge I can help meet. I have


practised in large full-service firms, in the Ontario Ministry of the Attorney General, and now
in a small, 17-lawyer boutique. The cases I take on frequently involve working closely with
instructing solicitors in various practice specialties and settings, or with in-house counsel in
corporations, tribunals, and all levels of government. I have acted in civil, criminal and public
law matters. My clients have ranged from large corporations to Aboriginal communities, and
spanned Ontario’s regional and multicultural spectra. This has equipped me to understand the
Stockwoods LLP
practice concerns of lawyers across the province, and to balance them with the public interests
Trial and Appellate Advocacy
engaged by our system of self-regulation. I commit to work to improve members’ access to
Partner, 2006-present
information, and increased input and involvement in the important work of the Society by
all members, in both official languages, and especially those currently under-represented in
Called to the Ontario Bar, 1986
Convocation.
LL.B. (University of Toronto)
“Access to Justice” is a rallying cry among lawyers, judges, and all those concerned about
Member, CBA, OBA, Toronto
our system of justice. Yet a major retrograde step in that arena occurred last year, with the
Lawyers’ Association, Advocates’
extension of provincial HST to legal billings. No policy rationale was offered for this added
Society, Canadian Media Lawyers’
burden on the private bar, and on the cost of legal services to clients, rich and poor. It may be
Association
too late to reverse this decision. However, I will work with Convocation to press provincial
party leaders to commit the proceeds of this regressive tax to the Legal Aid Plan and to new
Adjunct Faculty, U. of T. Faculty of
access to justice initiatives. Your support will strengthen that lobby in the coming provincial
Law Trial Advocacy course
election. Your input will improve the design of these new initiatives. With your support and
input, I believe this mis-step can still be turned into a highly progressive set of outcomes.
Instructor and Team Leader,
Osgoode Hall Law School, Intensive
Standards of practice, both for entry and to ensure continuing competency in the profession,
Trial Advocacy Workshop
are a core function of the Society. Our articling system has ensured highly qualified new
entrants, well-positioned to compete for jobs both outside Ontario and within. We need to
Frequent CLE presenter on
refine that system to preserve its strength, to better meet the needs, particularly of smaller
Advocacy, Commercial Litigation,
firms, and to expand its capacity to accommodate the increasing numbers of qualified
and Public Law topics
graduates seeking a position. Our fledgling mandatory CLE system is a good beginning, but
also a continuing challenge. It too needs refinement, to improve accessibility and relevance
Director, Canadian Journalists for
to members, to better serve new members in sole practice who lack mentorship and other
Free Expression
practice supports, and to support improvements to our system of specialist certification.
Associate, McMillan LLP, 1986-1990
Discipline of members is another, closely related core function. Our profession has an
Counsel, Ministry of the Attorney
effective discipline process. I believe it deserves an exemplary one. It should command
General of Ontario, 1990-1994
greater respect from members and greater deference from courts on appeal or review.
Partner, McCarthy Tétrault LLP,
Discipline Committee work is a significant part of the time commitment expected of all
1994-2006
benchers, and I can make an immediate and effective contribution here. Having acted for
both prosecution and defence, and as independent legal counsel to discipline tribunals before
Elected Director, Association
various professional bodies, including work as discipline counsel for the Society, I am well
of Law Officers of the Crown,
equipped for this task. I also commit to work with the Society’s discipline staff and other
1991-1994
stakeholders to improve the fairness, timeliness, and cost-effectiveness of our discipline
process for lawyers and paralegals.
Member, Judicial Appointments
Advisory Committee (Federal),
Convocation faces other important issues. If elected, I will support those pressing the Society
2004-2009
to focus on its core functions, and for greater financial transparency and accountability from
the Society and from benchers. Within the Society’s mandate, I will support its leadership
role in addressing diversity and disadvantage in our profession, and join those seeking
practical responses to the findings of the Ornstein Report on Racialization and Gender of
Lawyers.

I ask for your support in the coming Bencher Election to address these issues.

110
Peter C. Wardle
Toronto
Why I am Running

I believe passionately that an independent, self-regulating profession best serves the interests
of the people of this Province. I also believe that self-regulation is a privilege which we
cannot take for granted. The LSUC plays a critical role in ensuring that the profession
continues to earn the public’s trust.

My background and experience will allow me to contribute to four key areas of the
LSUC’s mandate: access to justice; the needs of young lawyers; the challenges facing sole
practitioners and small law firms; and professionalism standards and discipline.

My Background and Experience


Partner, Wardle Daley
I have practised civil litigation for the last 26 years. Over half of that experience has been
Bernstein LLP
in a small law firm. In 2003, I founded my present law firm, which now has 7 lawyers. The
Certified Specialist in
process of managing a small law firm is all-encompassing; like many of you I’ve had to
Civil Litigation
develop skills in many different fields. That background will help me serve your interests as
Hons. B.A. (Laurier, 1979)
your representative.
LL.B. (Queens, 1984)
Called to Bar 1986
Although my core practice areas are commercial litigation and professional liability,
I’ve developed many other interests over the years, including criminal law, policing, and
Past Activities:
discipline. I was privileged to act for a number of families tragically affected by the failures
• Lecturer, Advanced Civil
in pediatric pathology in the Province at the Goudge Inquiry. I also have experience as a
Procedure, Queens University,
mediator and arbitrator. I believe those experiences have given me a broader perspective of
2003-2006
the issues that face the profession.
• Director, The Advocates’
Society, 2001-2006
I have been involved in teaching and mentoring activities almost continuously since my call
• Chair, Education Committee,
to the Bar. Those activities have included teaching at law schools, writing academic articles,
The Advocates’ Society, 2005-6
presenting on practice and advocacy topics at many CLE events, teaching courtroom skills
• Member, Toronto Advisory
to young advocates, and organizing mentoring events for young lawyers. I was involved
Committee, Civil Justice
in a number of law reform initiatives as a director of The Advocates’ Society, and later
Reform Project, 2007
participated in the work of the Civil Justice Reform Project. All of these activities will assist
• Guest Instructor, Osgoode
me as a bencher.
Hall Law School Trial Advocacy
Program
I can contribute in four key areas:
• Speaker, numerous CLE
programs for LSUC, The
Access to Justice: Some lawyers don’t see this as an LSUC issue. I disagree. If we cannot
Advocates’ Society, OBA, and
make legal services available to the public at a reasonable cost, we risk losing public trust.
other organizations
That means more than supporting the Ontario Legal Aid Plan. It means continuing to support
• Published articles in Canadian
and widen existing pro bono initiatives. It also means encouraging further civil and criminal
Bar Review, Ottawa Law
justice reform and promoting efficiencies within the court system.
Journal, Canadian Business Law
Journal and other national and
Young Lawyers: These are challenging times for lawyers just entering practice, some of
international publications
whom will have difficulty finding work. At the same time, in the large-firm environment
young lawyers face escalating pressures to increase billable hours at the expense of family
Memberships:
and personal time. How can we assist young lawyers with these and many other issues?
• Advocates’ Society
What more can we do to promote diversity within the profession?
• Ontario Bar Association
• Toronto Law Association
Sole Practitioners and Small Law Firms: The profession must continue to serve small
communities across the Province and has to provide incentives for young lawyers to practise
Personal:
in those communities. It is also essential that LSUC exercise prudent financial management
• Married, two children
to lighten the burden on sole practitioners and small firms.
• Director, Oakville Chamber
Orchestra
Professional Standards and Discipline: Critical to the maintenance of public trust is a
transparent and effective standards and discipline system. I believe my background as an
adjudicator and litigator can be helpful in helping us pursue these goals.

111
Tracy Wynne
Toronto
You should take part in the actions and passions of your time, or you will be
at risk, at peril of being judged not to have lived at all.
-- Oliver Wendell Holmes

An organization that represents lawyers in the public interest today must be and do many
things:

Learn. Participate. Engage. Lead. These tenets are central to a lawyer’s duties to the
profession and to the public at large. For me, meeting these obligations is not an abstraction,
but a lived and consequential thing . . . and it is the impetus behind my candidacy in the
Bencher Election.
Practice:
Learn. While born and raised in Toronto, I studied in two smaller Ontario cities, where
I learned to respect the concerns that are unique to those communities. While my life as a
Partner,
lawyer was first nurtured at a large firm, my career has matured in a small litigation boutique
Lax O’Sullivan Scott Lisus LLP
that I was invited to join at its founding moment. I have thus enjoyed the best--and met the
in Toronto
challenges--of both worlds. In my broad-based practice, I have toiled in a variety of courts,
tribunals, inquests and inquiries around Ontario. Beyond building my legal strengths, I have
Commercial/civil/
learned that our practices are wonderfully diverse and that our relationship to the law and to
public law litigation
the profession differs in ways that must be acknowledged and affirmed. Being immersed in
the legal world has also taught me the importance of honouring the principles of collegiality
and professionalism. Legal education—in the largest sense of the term—is a quintessential
Credentials:
example of “life-long learning.”
B.A., McMaster University 1990
Participate. You can watch the parade or be in it. I choose the latter. I became part of the
LL.B., Osgoode Hall 1993
profession by giving it everything that I have. My mentors modeled for me the importance
Called to the Bar, 1995
of such engagement, the result being that I actively teach, lecture and mentor colleagues
Birth weight: 8lbs 12ozs
through programming offered by TAS, the OBA, and the LSUC. As a recent director of
TAS, I was involved in strategy planning, policy development, and the implementation of a
number of initiatives relevant to the profession. But what of my experience in the not-for-
Involvement:
profit world outside the profession? What does early childhood education, culinary training
for youth, and developing equitable food recovery/distribution networks have to do with
• A robust record of volunteer/
the good governance of our profession? As both a Board member and an on-the-ground
public service both inside and
volunteer in these three arenas, I have grappled with financial, social, and political issues.
outside the practice of law.
With considerable Board experience, I can bring real-world perspectives to Convocation, and
• An active member of the OBA,
real-time solutions to the urgent questions that the LSUC, the public, and lawyers face.
TLA, and WLAO.
• A recent past Director of
Engage. The array of initiatives actively pursued by the LSUC testifies to its relevance to
The Advocates’ Society
legal practice. Because improving the public’s confidence in the profession secures our right
(“TAS”).
to govern ourselves, I remain committed to the ongoing work of the LSUC. Here are four
• Board Chair of BCFD
ways: 1) To foster professionalism and civility, qualities that are central not only to our
(a 75 year old inner city
practices, but also to the perception of lawyers by our clients, our colleagues, and the public;
nursery school/resource
2) To improve services to and provide opportunities for communities seeking equity within
centre for low income/at risk
the profession; 3) To ensure that the LSUC’s governance reflects its diverse membership;
pre-school children).
and 4) To enhance access for those seeking representation in the judicial system. On this last
• Director and Governance
point, let me say this: To do justice to those seeking justice, we must find ways to address the
Chair of the Stratford Chef’s
deleterious consequences of both the high cost of good legal representation and the threat of
School (marrying my
increasing lack of service in smaller communities. To this end, I want to be an active part of
interests in local gastronomy
the work of exploring the use of limited scope retainers.
and youth education).
• A long time volunteer for
Lead. In my seventeenth year of practice, but still young at heart, I will work hard to create
Second Harvest (a local
meaningful connections between the best of the legal profession’s traditions and the issues
food recovery and
and interests of the bright young lawyers that increasingly make up our ranks.
redistribution program).
Learn. Participate. Engage. Lead. Such worthwhile objectives call not only for
competence but also character--character best exemplified by those who have the courage
to act and the wisdom to act well. I am committed to being a trustworthy, capacious, and
energetic bencher. It’s a Wynne-Win situation!
112
Carl S. Zeliger
Toronto
For integrity, fairness, commitment, civility, open mindedness, accountability, availability,
common sense, and a new perspective I ask for your support. I believe I can make a
significant contribution and difference as a bencher by applying these attributes I have tried to
live by for over 29 years of practise as a sole practitioner and in a small law firm. My insights
are varied, from my beginnings as a sole practitioner on Bay Street to my predominant
concentration in the family, employment and estate law and civil litigation areas out of North
York offices, and with a daughter who recently graduated from Osgoode Hall Law School.

Here is how I see it:

• The legal profession has experienced an erosion of public confidence and respect. The
profession of law is not just about increasing billings. It is about service, caring, and a
Carl was born to hard working
sympathetic ear for a client, and civility and decency in dealing with peers.
holocaust survivors. He was raised
• The perspective of Convocation as a private country club must change. It needs to be
in multi-cultural downtown Toronto.
viewed as a reasonable and practical governing body established to serve the public and
He obtained his Bachelor degree
the members of the Bar.
from the University of Toronto.
• There should be no animosity between the lawyers in the large downtown Toronto law
Carl spent three memorable years
firms and the lawyers who practise as sole practitioners or in small law office firms.
at Windsor Law.
They both have their niche and serve well the needs of their respective clients.
• The survival of sole practitioners and small law firms in both urban and rural areas is
Carl was called to the Bar in
of vital importance to both the public and the profession. Our strength can largely be
1979. He operates both as a sole
gauged by the success of sole practitioners and small law firms.
practitioner and as the litigation
• Benchers must demonstrate financial accountability. Benchers must stick to core Law
associate in the firm of Wisebrod/
Society functions and be cost effective.
Zeliger Associates.
• We must look for ways to reduce membership fees and levies and insurance costs.
• Although there is a need to properly regulate that small minority of lawyers whose
Carl has been a volunteer with
practice and behavior may be inappropriate, the majority of hard working, well intended
the Meals on Wheels and Feed
and conscientious lawyers must be saved from overregulation.
the Hungry Programs, and a boy’s
• There must be a balanced, consistent, fair, effectual and timely manner to deal with
soccer coach. He remains active
disciplinary matters.
in community volunteer services
• There must be a better way to prepare our future lawyers for education, articling, and
for the elderly, and disadvantaged,
work in the legal profession. With a daughter presently articling with a large downtown
through his B’nai Brith Lodge
Toronto law firm I am keenly aware of these concerns.
where he has held executive
• A healthy vibrant Bar is one that ensures that everyone has an equal opportunity to enter
positions including two terms
and prosper in the profession.
as President.
• Our inability to ensure access to justice strikes at the very heart of our profession. Legal
Aid, pro bono work availability, and other avenues require improvement and further
Carl has been happily married
development.
for 29 years and has three adult
• There is a place for paralegals but the system must properly consider fairness and the
children.
protection of the public’s interest. The implemented system must be at minimal cost to
the Law Society.
• Self-regulation is a privilege afforded to us as members of the Law Society and is worthy
of preservation. We must be able to demonstrate from our deeds that we have properly
accepted the incumbent responsibilities and are deserving of this privilege.
• Continuing legal education and the materials they generate can be of great assistance to
the members of the Bar but must be meaningful, readily available, and affordable.
• I have tried my best to return all calls from clients within one business day if not
sooner and if elected would extend that same courtesy to you. I would want to hear
from you and I would remain responsive and accessible. Here is my email address:
czeliger@wza.ca.

Real change starts with your vote.

113
David A. Zuber
Toronto
Since I became a lawyer 20 years ago, the practice of law has changed in many ways.
The practice has changed in that it has become more business-like in the worst sense of
the expression. Overhead, expenses, billable hours, and lines of credit have become part
of the new reality of the practice of law. The people have also changed in both the gender
and cultural diversity. Young lawyers are increasingly under the pressure of increased
productivity, less support, and ever changing technology. Some of the anecdotal stories of a
collegial bar seem very removed from modern practice. At the center of our profession, in
that mysterious wing of Osgoode Hall, is our Law Society with which most of us have very
little contact.

I have been following with interest the debates among the existing benchers about changing
the By-law so that benchers may not serve more than 16 years. It struck me as a great way to
I completed my Bachelor of Law in
introduce some measure of change into the Law Society in a subtle, but real way. Create an
1989 at Osgoode Hall Law School.
influx of new benchers, who will bring with them a new perspective and new ideas. I have
Upon being admitted to the Bar in
never run to be a bencher before this year.
1991, I made partner in 1993, and
was certified by the Law Society
I have been fortunate in my career to have practised as an associate at an established firm and
as a Specialist in Civil Litigation in
a partner at that same firm. In 1999, I left that firm and started my own firm from nothing.
1998. I was the youngest ever to
I had one associate, one law clerk and an assistant. I had to set up and run a very small law
receive the civil litigation specialist
firm. I do not believe that anyone can appreciate the hurdles and difficulties of being a sole
designation having completed the
practitioner or at a small firm until you have actually done it. I did the court filings, set up
requirement for trials, appeals, and
the bank accounts, and ordered supplies. My firm has grown, and I now have the different
reported cases in the minimum
perspective of being managing partner at a nineteen lawyer firm. I can unequivocally say that
seven year period. I founded Zuber
I have seen the challenges lawyers and law firms face from both perspectives. I hope to bring
& Company LLP in 1999. I was a
this varied perspective to that of a bencher.
member of several committees
including Civility in the Justice
My practice over the past 20 years has taken me to virtually every jurisdiction in Ontario. I
System, and Bill 59 Auto Reform. I
have had trials in most of the county towns and regularly attend motions, discoveries and pre-
am married to Lisa and we have five
trials Province wide. The practice of law varies greatly from jurisdiction to jurisdiction and is
sons. I spend most of the winter
quite different from what happens in the larger centers, and very different from what happens
months at minor hockey games and
in Toronto. There are different challenges and accordingly different solutions. I am a lawyer
the summer riding motorcycles.
with an office in downtown Toronto; however spend half of my time outside of Toronto. I
have two brothers who are lawyers. We each practise different areas of law and in different
geographic locations. My father after many years on the bench has returned to practise in
Windsor. I believe that I have insight to both the regional practice and the Toronto practice.

I am a current and active member of the Advocates’ Society, the Medical Legal Society, CDL,
and the Thomas More Lawyers Guild. I was the treasurer of the CDL for 5 years.

Lastly, it is with the support of my law partners, and my wife and family that I have decided
to run for bencher. I thank you for taking the time to read my election statement and hope to
have your support in the 2011 Bencher Election.

114
List of Candidates
by Region

Liste des candidat(e)s


par région

115
List of Candidates by Region/Liste des candidat(e)s par région

Central East / Centre-Est Northeast / Nord-Est Toronto


John Arkelian 8 Jack Braithwaite 13 Howard Goldblatt 81
Stephen Bale 10 Susan M. Hare 26 Monica Goyal 82
Jay Chauhan 14 Carol Hartman 27 Dan Guttman 83
Paul Cooper 17 Susan T. McGrath 40 Nabeel Haque 84
Robert F. Evans 22 Donald Orazietti 43 Alan Heisey 85
Jennifer A. Halajian 25 Julie Jai 86
John L. Hill 29 Northwest / Nord-Ouest Kathleen Jeanne Kelly 87
Valentine Lovekin 35 Fred Bickford 12 Mitch Kowalski 88
David S. McRobert 41 Larry Eustace 21 Wennie Lee 89
Norman Panzica 44 Randall V. Johns 31 Janet Leiper 90
Alan G. Silverstein 52 Nicholas John Pustina 48 Jeffrey Lem 91
Joseph N. Tascona 56 Robert Levan 92
Southwest / Sud-Ouest Wendy Matheson 93
Central South / Centre-Sud Emir Aly Crowne 18 William C. McDowell 94
Graham M. Bennett 11 Peter J. Festeryga 23 Malcolm M. Mercer 95
Ross F. Earnshaw 20 Carl E. Fleck 24 Graeme Mew 96
Joan M. MacDonald 36 Jacqueline Horvat 30 Janet E. Minor 97
James A. Scarfone 50 Michael M. Lerner 34 Barbara Murchie 98
Andrew Spurgeon 54 Stephen G. A. Pitel 45 Kimberly R. Murray 99
Joseph J. Sullivan 55 Judith M. Potter 47 Gina Papageorgiou 100
Jerry B. Udell 57 Laurie H. Pawlitza 101
Central West / Centre-Ouest Julian Porter 102
Stephen B. Collinson 15 Toronto A. Michael Rothe 103
Katherine I. Henshell 28 R. Lee Akazaki 62 Linda Rothstein 104
Marvin Kurz 33 Basil Alexander 63 Mark J. Sandler 105
M. Virginia MacLean 37 Raj Anand 64 Paul B. Schabas 106
John R. Mann 38 Steven Benmor 65 Robert Shawyer 107
Beverley A. Martel 39 Robby Bernstein 66 Beth Symes 108
Raj Sharda 51 Christopher D. Bredt 67 Anita Szigeti 109
Mahzulfah S. Uppal 58 Bill Burden 68 M. Philip Tunley 110
Diana Young 60 John E. Callaghan 69 Peter C. Wardle 111
John A. Campion 70 Tracy Wynne 112
East / Est Sudha Chandra 71 Carl S. Zeliger 113
Constance Backhouse 9 Mary Louise Dickson 72 David A. Zuber 114
Thomas G. Conway 16 Carmen L. Diges 73
Adriana Doyle 19 Kevin Doan 74
William C. V. Johnson 32 Julian N. Falconer 75
Jacques Ménard 42 Ben Fedunchak 76
Dorette Pollard 46 Joseph Richard Forget 77
Susan Armatage Richer 49 Henry Gluch 78
William J. Simpson 53 Avvy Yao-Yao Go 79
Robert Wadden 59 Alan D. Gold 80

116
Remember to vote by April 29, 2011
N’oubliez pas de voter d’ici le 29 avril 2011

The Law Society of Upper Canada Barreau du Haut-Canada


Osgoode Hall, 130 Queen Street West Osgoode Hall, 130, rue Queen Ouest
Toronto, Ontario M5H 2N6 Toronto (Ontario) M5H 2N6

Tel (416) 947-3315 or 1-800-668-7380 ext. 3315 Tél. :(416) 947-3315 ou 1-800-668-7380, poste 3315
Email: bencherelection@lsuc.on.ca Courriel : bencherelection@lsuc.on.ca